Quick Navigation
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 110: Burden of proof as to ownership
- Section 6: Relevancy of facts forming part of same transaction
- Section 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence
- Section 92: Exclusion of evidence of oral agreement
- Section 85B: Presumption as to electronic record and digital signatures
Related Acts
* Only for reference.