What is Evidence Act 164 in BSA?

Evidence Act Section 164 (Using, as evidence, of document, production of which was refused on notice) is Section 167 of the Bharatiya Sakshya Adhiniyam, 2023.

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Evidence Act Section 164 in BSA: Section 167

Using, as evidence, of document, production of which was refused on notice

Section 164 of the Indian Evidence Act, 1872 (Using, as evidence, of document, production of which was refused on notice) corresponds to Section 167 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

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.

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