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Section 164 - Indian Evidence Act, 1872
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.
Related Sections
- Section 130: Production of title-deeds of witness not a party
- Section 150: Procedure of Court in case of question being asked without reasonable grounds
- Section 74: Public documents
- Section 132: Witness not excused from answering on ground that answer will criminate
- Section 41: Relevancy of certain judgments in probate, etc. jurisdiction
Related Acts
* Only for reference.