Bharatiya Sakshya Adhiniyam, 2023
BSA Section 167
Using, as evidence, of document production of which was refused on notice
In one line
BSA Section 167 deals with using, as evidence, of document production of which was refused on notice and replaces Evidence Act 164.
Bare act text — BSA 167
167. 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.
Frequently asked
What was BSA Section 167 in the Evidence Act?
BSA Section 167 (Using, as evidence, of document production of which was refused on notice) replaces Section 164 of the Indian Evidence Act, 1872. Evidence Act 164 is now BSA 167.
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Nearby BSA sections
- BSA 162 — Refreshing memory
- BSA 163 — Testimony to facts stated in document mentioned in section 162
- BSA 164 — Right of adverse party as to writing used to refresh memory
- BSA 165 — Production of documents
- BSA 166 — Giving, as evidence, of document called for and produced on notice
- BSA 168 — Judge's power to put questions or order production
- BSA 169 — No new trial for improper admission or rejection of evidence
- BSA 170 — Repeal and savings