BSA § 167 · Bharatiya Sakshya Adhiniyam, 2023
Section 167 BSA — Using, as evidence, of document production of which was refused on notice
Replaces IEA 164 of the Indian Evidence Act, 1872. In force since 1 July 2024.
The text
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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.