Evidence Act 1893 · 2020 Revised Edition · Part 3 · Production and Effect of Evidence
164. Production and translation of documents
Feedback & supportA witness summoned to produce a document must, if it is in the witness’s possession or power, bring it to court despite any objection which there may be to its production or to its admissibility.
document
“document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;
The validity of any such objection is to be decided on by the court.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
The court, if it sees fit, may inspect the document unless it refers to affairs of State, or take other evidence to enable it to determine on its admissibility.
evidence
“evidence” includes —(a)all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; and(b)all documents produced for the inspection of the court: such documents are called documentary evidence;
If for such a 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 translator disobeys such direction, the translator shall be held to have committed an offence under section 166 of the Penal Code 1871.