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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 163: Giving, as evidence, of document called for and produced on notice
- Section 70: Admission of execution by party to attested document
- Section 137: Examination in chief
- Section 47A: Opinion as to digital signature where relevant
- Section 131: Production of documents or electronic records which another person, having possession, could refuse to produce
Related Acts
* Only for reference.