What is Section 166 BSA?

Section 166 of the Bharatiya Sakshya Adhiniyam, 2023 states the rule when a party gives notice to produce a document, calls for it, and inspects it after the other party produces it. If the producing party requires it, the calling party must give that document as evidence.

Can the party who produced a document on notice require the inspecting party to give it as evidence under Section 166 BSA?

Yes. Once the party who gave notice calls for and inspects the produced document, the producing party can require the inspecting party to give the document as evidence under Section 166 BSA.

Is the calling party bound to give the document as evidence under Section 166 BSA if the producing party does not require it?

No. Under Section 166 BSA, the obligation to give the inspected document as evidence applies only if the party producing the document requires the calling party to do so.

What is Section 166 BSA in IEA?

Section 166 BSA corresponds to Section 163 IEA, which applied before 1 July 2024. The wording and rule in both sections are identical.

IEA 163 Is Now BSA 166: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	163	166
Heading	Giving, as evidence, of document called for and produced on notice	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

163

166

Heading

Giving, as evidence, of document called for and produced on notice

Same

IEA 163 and BSA 166: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 163, IEA 1872

163. Giving, as evidence, of document called for and produced on notice.—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.

BSA 2023 (in force)

Section 166, BSA 2023

166. Giving, as evidence, of document called for and produced on notice.—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.

When It Applies: IEA 163 vs BSA 166

Under IEA 163

A party gives the opposing party notice to produce a document and calls for that document.
The opposing party produces the requested document, and the party who asked for its production inspects it.
If the party who produced the document demands it, the inspecting party must give the document as evidence.

Under BSA 166

A party gives the opposing party notice to produce a document and calls for that document.
The opposing party produces the requested document, and the party who asked for its production inspects it.
If the party who produced the document requires it, the inspecting party must give the document as evidence.

What IEA 163 to BSA 166 Means in Practice

Section 163 IEA became Section 166 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party in court should cite Section 166 BSA for matters governed by the Adhiniyam.

IEA 163 to BSA 166: Giving, as evidence, of document called for and produced on notice

IEA 163 to BSA 166 at a Glance

What Changed From IEA 163 to BSA 166?

IEA 163 vs BSA 166: Comparison Table

IEA 163 and BSA 166: Bare Act Text Side by Side

When It Applies: IEA 163 vs BSA 166

What IEA 163 to BSA 166 Means in Practice