Quick Navigation
Section 167 - The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023
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.
Related Sections
- Section 46: In civil cases character to prove conduct imputed, irrelevant
- Section 91: Presumption as to due execution, etc., of documents not produced
- Section 160: Former statements of witness may be proved to corroborate later testimony as to same fact
- Section 87: Presumption as to Electronic Signature Certificates
- Section 159: Questions tending to corroborate evidence of relevant fact, admissible
Related Acts
* Only for reference.