BSA Section 167: Using, as evidence, of document production of which was refused on notice
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 10: Of Examination of Witnesses
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¶167. 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.
Study: explanations and related material
Replaces IEA 164. IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 140. Order of production and examination of witnesses
- 141. Judge to decide as to admissibility of evidence
- 142. Examination of witnesses
- 143. Order of examinations
- 144. Cross-examination of person called to produce a document
- 145. Witnesses to character
- 146. Leading questions
- 147. Evidence as to matters in writing
- 148. Cross-examination as to previous statements in writing
- 149. Questions lawful in cross-examination
- 150. When witness to be compelled to answer
- 151. Court to decide when question shall be asked and when witness compelled to answer
- 152. Question not to be asked without reasonable grounds
- 153. Procedure of Court in case of question being asked without reasonable grounds
- 154. Indecent and scandalous questions
- 155. Questions intended to insult or annoy
- 156. Exclusion of evidence to contradict answers to questions testing veracity
- 157. Question by party to his own witness
- 158. Impeaching credit of witness
- 159. Questions tending to corroborate evidence of relevant fact, admissible
- 160. Former statements of witness may be proved to corroborate later testimony as to same fact
- 161. What matters may be proved in connection with proved statement relevant under section 26 or 27
- 162. Refreshing memory
- 163. Testimony to facts stated in document mentioned in section 162
- 164. Right of adverse party as to writing used to refresh memory
- 165. Production of documents
- 166. Giving, as evidence, of document called for and produced on notice
- 168. Judge\u2019s power to put questions or order production