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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 81: Presumption as to Gazettes in electronic or digital record
- Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- Section 60: Cases in which secondary evidence relating to documents may be given
- Section 150: When witness to be compelled to answer
- Section 46: In civil cases character to prove conduct imputed, irrelevant
Related Acts
* Only for reference.