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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Mr. Iyer holds electronic records under his control which belong to a client, Ms. Shah, who would be entitled to refuse to produce them if they were in her control. Under the Act, when can Mr. Iyer be compelled to produce them?

Mr. Iyer can be compelled to produce the records only if Ms. Shah consents. Under section 136, no one is compelled to produce electronic records under his control which another person would be entitled to refuse to produce, unless that person consents.

  1. AOnly if Ms. Shah consents to their productionCorrect
  2. BWhenever the Court orders it, regardless of Ms. Shah's right
  3. COnly if the records are more than five years old
  4. DNever, even with Ms. Shah's consent

Explanation

Section 136 says no one shall be compelled to produce documents in his possession or electronic records under his control which another person would be entitled to refuse to produce, unless that other person consents. So Ms. Shah's consent is the only exception stated; age of record is irrelevant.

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