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

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

Official Bare Act Text

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

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.

Illustrations

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.

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 167

Section 167 establishes that when a party refuses to produce a document which they have had notice to produce, they cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.

Estoppel on Withheld Documents: A party who refuses to produce an original document upon notice is permanently barred from introducing it later in the trial.
Bar on Opportunistic Production: Prevents a litigant from withholding a document to ambush an opponent after secondary evidence has been led.
Discretionary Court Order Exception: Can be admitted later only with the adversary's consent or upon a special order of the court explaining the prior default.

Key Landmark Precedents:

Marwari Kumhar v. Bhagwanpuri Guru Ganeshpuri (2000) 6 SCC 735: The Supreme Court affirmed that a party who fails to produce a document after statutory notice under Section 164 IEA (Section 167 BSA) cannot later turn around and produce it to contradict secondary evidence.
Vijay v. Union of India (2023) 12 SCC 309: Reiterated that procedural non-compliance with notice to produce closes the door on belated production of original documents.

Courtroom Practice & Strategic Litigation Guidance:

If the defendant refuses to produce the original agreement upon your Section 64 notice, tender your secondary copy. If the defendant attempts to introduce the original during defense evidence, object under Section 167 BSA to shut it out completely.