Section 166 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 166 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the admissibility of documents that a party has requested the other party to produce and which have been produced in response to that request.
๐ Text of Section 166
When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.(writinglaw.com)
๐ Explanation
Section 166 addresses the situation where one party requests the other to produce a document and the document is subsequently produced and inspected. In such cases, the party who made the request is obligated to accept the document as evidence if the producing party demands it.
This provision ensures that a party cannot selectively use documents to their advantage and must accept them as evidence if they are produced in response to a request.
โ๏ธ Legal Significance
Prevents Selective Use of Documents: Ensures that parties cannot cherry-pick documents to support their case while ignoring others that may be unfavorable.
Promotes Fairness: Encourages transparency and fairness in legal proceedings by requiring parties to accept all documents produced in response to their requests.
Clarifies Obligations: Clarifies the obligations of parties regarding the use of documents they have requested to be produced.
๐งพ Example
If Party A sues Party B and requests Party B to produce a contract. Party B produces the contract, and Party A inspects it. Under Section 166, Party A is obligated to accept the contract as evidence if Party B requests it, even if the contract contains terms that are unfavorable to Party A's case.
๐ Related Sections
Section 165: Production of documents.(indiacode.nic.in)
Section 167: Using, as evidence, of document production of which was refused on notice.(
Section 168: Judge's power to put questions or order production.(
In summary, Section 166 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that parties cannot selectively use documents to their advantage and must accept them as evidence if they are produced in response to a request. This promotes fairness and transparency in legal proceedings.
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