Bharatiya Sakshya Adhiniyam

Chapter 10

of Examination of Witnesses

Section 167Using, as evidence, of document production of which was refused on notice

Description

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.

📖 Understanding This Section

This section is part of Bharatiya Sakshya Adhiniyam, Chapter 10 (of Examination of Witnesses). Legal provisions are subject to interpretation by courts and may be amended by legislation. For specific legal advice regarding this section, please consult a qualified legal professional.