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Section 164 - Using, as evidence, of document production of which was refused on notice | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 164The Bharatiya Sakshya Adhiniyam, 2023 Section 167

Indian Evidence Act, 1872

Section 164

Using, as evidence, of document production of which was refused on notice

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Indian Evidence Act, 1872

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 use 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 documents itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 167

Using, as evidence, of document production of which was refused on notice

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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.

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