Bharatiya Sakshya Adhiniyam
BSA 167 was IEA 164.
Using, as evidence, of document production of which was refused on notice.
Carried over
Old wording kept in full
Old · IEA 1872 · Ch. X
s. 164
Using, as evidence, of document, production of which was refused on notice
When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.
Illustration A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by 4, or in order to show that the agreement is not stamped. He cannot do so.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. X
s. 167
Using, as evidence, of document production of which was refused on notice.
When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.
Illustration.
A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.
Text from India Code