Section 163 BSA| Bharatiya Sakshya Adhiniyam, 2023
Testimony to facts stated in document mentioned in section 162.
A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.
Illustration.
A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.
Section 164 BSA | Bharatiya Sakshya Adhiniyam, 2023
Right of adverse party as to writing used to refresh memory.
Any writing referred to under the provisions of the two last preceding sections shall be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
Section 165 BSA | Bharatiya Sakshya Adhiniyam, 2023
Production of documents.
(1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility:
Provided that the validity of any such objection shall be decided on by the Court.
(2) The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.
(3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 198 of the Bharatiya Nyaya Sanhita, 2023:
Provided that no Court shall require any communication between the Ministers and the President of India to be produced before it.
Section 166 BSA | Bharatiya Sakshya Adhiniyam, 2023
Giving, as evidence, of document called for and produced on notice.
When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.
Section 167 BSA | Bharatiya Sakshya Adhiniyam, 2023
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.
Section 168 BSA | Bharatiya Sakshya Adhiniyam, 2023
Judge's power to put questions or order production.
The Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production of any document or thing; and neither the parties nor their representatives shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:
Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly proved:
Provided further that this section shall not authorise any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 127 to 136, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 151 or 152; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.
CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Section 169 BSA | Bharatiya Sakshya Adhiniyam, 2023
No new trial for improper admission or rejection of evidence.
The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.
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