top of page

Section 167 BSA | Bharatiya Sakshya Adhiniyam, 2023

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.

Comments


bottom of page