Write a note on the production and translation of documents.

Question: Write a note on the production and translation of documents.

Find the answer to the mains question only on Legal Bites. [Write a note on the production and translation of documents.]

Answer

Section 162– Production of documents

A witness summoned to produce a document shall, if it is in his possessions or power, bring it to court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.

The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.

Translation of documents

If for such purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence; and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian Penal Code, 1860 (45 of 1860). Production and translation of documents

When a witness has been called upon to produce a document, he is bound to produce it notwithstanding any objections or privilege. The validity of any such objection shall be decided by the court. For the purpose of determining its admissibility, the court may either inspect the document, except when it refers to matters of State, or take any other evidence into account.

If it is necessary for the document to be translated, the court may direct the translator to keep the contents secret, unless the document is to be given in evidence. If the translator disobeys the instruction he may be held to have committed an offence under Section 166 of the Indian Penal Code. [Public servant disobeying law with intent to cause injury to any person].

The section applies to official as well as to private documents. Order XVI, Rule 6 of the Civil Procedure Code, 1908 also provides that a person may be summoned to produce a document without being summoned to give evidence. He is not liable to be cross-examined.

The party producing the document under a court order may raise his objections to its production or admissibility. It is then for the court to decide the validity of the objection. To enable the court to do so, it may hear the parties and may also ask them to produce evidence touching upon the validity or otherwise of the objections.

The court may even inspect the document if it does not contain any matter relating to affairs of state.

The court in the case of Mantubhai Mebta Re [(1943) 46 Bom. L.R. 892] has clarified the matter regarding Affairs of State. The court observed that: where an official is summoned to produce an official document, he is bound to do so and may raise his objections while producing the document.

It is for the court to see whether the objection is well-founded even for this purpose the court is not entitled to inspect the document if it refers to the matters of state. The question must be decided without any such inspection.

The court may examine the official for this purpose or otherwise examine the circumstances surrounding the document. The court has to see whether it is a document in respect of which privilege can be properly claimed, e.g., whether it refers to unpublished state affairs.

Once it is clear that the document is in the category of privileged documents, the matter will be wholly in the discretion of the Head of the Department and, if he says no, the court will not compel production of the document.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Law of Evidence Mains Questions Series Part-I
2. Law of Evidence Mains Questions Series Part-II
3. Law of Evidence Mains Questions Series Part-III
4. Law of Evidence Mains Questions Series Part-IV
5. Law of Evidence Mains Questions Series Part-V
6. Law of Evidence Mains Questions Series Part-VI
7. Law of Evidence Mains Questions Series Part-VII
8. Law of Evidence Mains Questions Series Part-VIII
9. Law of Evidence Mains Questions Series Part-IX
10. Law of Evidence Mains Questions Series Part-X