VoxJuris
Home › Acts › Evidence Act › Chapter X › Section 164

Indian Evidence Act, 1872 · Chapter X: Of the Examination of Witnesses

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

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BSA section 167 (Using, as evidence, of document production of which was refused on notice)

In plain words

A party who refuses to produce a document after notice cannot later use that document as evidence without the other party's consent or the court's order.

Example: B refuses to produce an agreement after notice, and A gives secondary evidence of it. B cannot then produce the document to contradict A's evidence.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 164