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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 139: Number of witnesses
- Section 112: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- Section 6: Motive, Preparation and previous or subsequent conduct
- Section 108: Burden of proving that case of accused comes within exceptions
- Section 1: Short title, application and commencement
Related Acts
- Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
- Indian Institute of Petroleum and Energy Act, 2017
- Indian Institutes of Information Technology (Amendment) Act, 2017
- Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018
- Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019
* Only for reference.