Which Evidence Act section is BSA 167?

BSA 167 replaces Evidence Act 164.

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

Section 167 of the Bharatiya Sakshya Adhiniyam, 2023 deals with using, as evidence, of document production of which was refused on notice. It replaces Evidence Act 164 of the Indian Evidence Act, 1872.

Text of BSA Section 167

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.

Asues 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.

Evidence Act sections replaced

Evidence Act 164: Using, as evidence, of document, production of which was refused on notice

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