Cross-examination of person called to produce a document
Full Text
A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness.
Plain English Summary
Clarifies that a person summoned only to produce a document is not considered a witness and cannot be cross-examined unless formally called as one.
Key Legal Elements
- Summoning a person merely to produce a document does not make them a witness in the case.
- The act of producing the document alone does not subject the person to cross-examination by either party.
- Such a person can only be cross-examined if they are formally called and sworn in as a witness.
Practical Note
This is a key tactical shield for third parties (such as bank managers, record keepers, or police clerks) summoned purely to produce official registers or files. The opposing counsel cannot use their physical presence in court as an opportunity to cross-examine them on the merits of the case. If the opposing counsel wishes to question them, they must formally summon them as their own witness.
हिंदी पाठ
दस्तावेज पेश करने के लिए समन किया गया कोई व्यक्ति केवल इस तथ्य से साक्षी नहीं बन जाता कि वह उसे पेश करता है, और जब तक उसे साक्षी के रूप में न बुलाया जाए, तब तक उसकी प्रतिपरीक्षा नहीं की जा सकती।