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A person summoned by a criminal court under section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023…

Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the production mechanism. Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 provides that production…

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A person summoned by a criminal court under section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 appears solely to produce a document. What is the effect of producing it under the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer B

Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the production mechanism. Section 144 of the Bharatiya Sakshya Adhiniyam, 2023 provides that production by itself does not make the producer a witness. Cross-examination becomes available if the person is called as a witness.

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Option A

Production alone does not confer witness status under section 144.

Option B

Section 144 makes the distinction between producing a document and being called as a witness. The producer may be cross-examined if called as a witness.

Option C

Production alone does not make the person a witness. If separately called as a witness, section 144 does not prohibit cross-examination.

Option D

Section 144 requires the person to be called as a witness before cross-examination.

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