Section 167 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 167 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, in English:
📘 Section 167 – Using, as Evidence, of Document Production of Which Was Refused on Notice
Text of Section 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.(aaptaxlaw.com)
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 to show that the agreement is not stamped. He cannot do so.(aaptaxlaw.com)
🔍 Understanding Section 167
Section 167 addresses the situation where a party, after being given notice to produce a document, refuses to do so. In such cases, the party is generally not allowed to later introduce that document as evidence without the consent of the opposing party or a court order.
This provision ensures that parties cannot withhold documents and then later use them to their advantage, thereby promoting fairness and transparency in legal proceedings.
🧩 Key Points
Notice to Produce: A party must be given notice to produce a document.(aaptaxlaw.com)
Refusal to Produce: If the party refuses to produce the document after receiving notice, they generally cannot use it as evidence.
Exceptions: The document can be used as evidence if the opposing party consents or if the court orders its use.
⚖️ Importance of Section 167
Promotes Fairness: Prevents parties from withholding documents and then using them to their advantage.
Encourages Compliance: Encourages parties to comply with requests for document production.
Ensures Transparency: Promotes transparency and accountability in legal proceedings.
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