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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 159: Questions tending to corroborate evidence of relevant fact, admissible
- Section 124: Who may testify
- Section 7: Facts necessary to explain or introduce fact in issue or relevant facts
- Section 163: Testimony to facts stated in document mentioned in section 162
- Section 25: Admissions not conclusive proof, but may estop
Related Acts
- Central Goods and Services Tax Act, 2017
- Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
- Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
- Indian Institute of Petroleum and Energy Act, 2017
- Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021
* Only for reference.