Section 166 Bharatiya Sakshya Adhiniyam, 2023: Giving, as evidence, of document called for and produced on notice

Section 166 of Bharatiya Sakshya Adhiniyam, 2023: Giving, as evidence, of document called for and produced on notice

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 166

Section 166 provides that when a party calls for a document which they have given the other party notice to produce, and such document is produced and inspected by the party calling for it, they are bound to give it as evidence if the party producing it requires them to do so.

Production & Inspection Trigger: Applies when a party gives Section 64 notice, the adversary produces the document, and the calling party inspects it.
Mandatory Tender as Evidence: If the producing party demands it, the calling party is compelled to tender the entire document into evidence.
Penalty for Fishing Inquiries: Prevents litigants from inspecting an opponent's confidential documents and then discarding them if unfavorable.

Key Landmark Precedents:

R. v. Palmer (1832) 5 Car & P 460: The foundational common law rule: a party who calls for and inspects a document makes it evidence for both sides if the producer so insists.
Ganga Ram v. Keshava Prasad (AIR 1937 Pat 497): Affirmed that inspection after notice to produce binds the inspecting party under Section 163 IEA (Section 166 BSA) to admit the document if demanded.

Courtroom Practice & Strategic Litigation Guidance:

Never inspect an adverse party's documents in open court after a Section 64 notice unless you are certain they assist your case. If the document is damaging and you inspect it, the adversary can compel you to exhibit it under Section 166.