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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 170: Repeal and savings
- Section 97: Exclusion of Evidence against application of document to existing facts
- Section 116: Birth during marriage, conclusive proof of legitimacy
- Section 95: Exclusion of evidence of oral agreement
- Section 161: What matters may be proved in connection with proved statement relevant under section 26 or 27
Related Acts
* Only for reference.