# The Bharatiya Sakshya Adhiniyam, 2023, Section 167: Using, as evidence, of document production of which was refused on notice

- Act: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023)
- In force from: 2024-07-01
- Ministry: Ministry of Home Affairs
- Source URL: https://indiacode.ecourtsindia.com/bsa/section/167/

## 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.

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