Anyone physically holding a document must show it in court if asked.

If the actual owner of that document has a legal right to refuse disclosure (like a privilege), the person holding it also gets to refuse, unless the owner consents.

This provision creates a new privilege.

It does not create any new right to refuse; it only extends an existing refusal right (belonging to someone else) to the person currently holding the document or record.

Bharatiya Sakshya Adhiniyam, 2023

Section 136

Production of documents or electronic records which another person, having possession,

No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production.§

Why this exists

This rule protects privileges and confidentiality that attach to the actual owner of information, not just whoever happens to be holding it at the moment. Without it, a privilege (like legal advice confidentiality or a protected private communication) could be defeated simply by someone else getting temporary custody of the document — for example, a clerk, employee, or courier. The provision ensures the protection 'travels with' the right-holder, not just the physical papers or files, preserving the purpose of privilege rules found elsewhere in evidence law.

Common misconceptions

Myth: Anyone physically holding a document must show it in court if asked.
Fact: If the actual owner of that document has a legal right to refuse disclosure (like a privilege), the person holding it also gets to refuse, unless the owner consents.
Myth: This provision creates a new privilege.
Fact: It does not create any new right to refuse; it only extends an existing refusal right (belonging to someone else) to the person currently holding the document or record.