Section 167 Earlier Evidence Act 164
Using, as evidence, of document production of which was refused on notice
Chapter 10: Of examination of witnesses
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 162Refreshing memoryEvidence Act 159
- 163Testimony to facts stated in document mentioned in section 162Evidence Act 160
- 164Right of adverse party as to writing used to refresh memoryEvidence Act 161
- 165Production of documentsEvidence Act 162
- 166Giving, as evidence, of document called for and produced on noticeEvidence Act 163
- 168Judge’s power to put questions or order productionEvidence Act 165