LEGAL PRINCIPLE: EVIDENCE LAW – Witnesses – Subpoena to Produce Documents Without Personal Attendance
PRINCIPLE STATEMENT
Any person, whether a party or not, may be summoned to produce a document without being summoned to give evidence; if they cause the document to be produced in court, the court may dispense with their personal attendance.
RATIO DECIDENDI (SOURCE)
"Any person, whether a party or not, in a cause may be summoned to produce a document without being summoned to give evidence, and if he cause such document to be produced in court the court may dispense with his personal attendance."
EXPLANATION / SCOPE
Section 192 Evidence Act enables courts to compel document production without requiring the document holder to testify. This applies to parties and non-parties possessing relevant documents. The subpoena duces tecum (to produce documents) operates separately from subpoena ad testificandum (to give testimony). If the summoned person produces the required document, courts may excuse their physical presence—the document speaks for itself. This procedure serves efficiency: obtaining documents without requiring witnesses saves time and costs when testimony is unnecessary. It also protects document holders from unnecessary court attendance when only document production is needed. The court retains discretion to require attendance if testimony about the document becomes necessary.