What is Section 167 BSA?

Section 167 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that stops a party who refused to produce a document on notice from later using that document as evidence. The party can only use the document afterwards if the other party consents or the Court orders it.

Can a party who refused to produce a document later bring it to contradict secondary evidence under Section 167 BSA?

No. The illustration to Section 167 BSA states that if the requesting party gives secondary evidence of the document, the refusing party cannot later produce the original document to contradict that evidence. That party is only allowed to use it if the other party consents or the Court issues an order.

Can a party produce a withheld agreement later just to show that the agreement is not stamped under Section 167 BSA?

No. Under the illustration to Section 167 BSA, a party who refused to produce an agreement after receiving notice cannot later bring the document to show that it lacks a stamp. The bar applies unless the other party agrees or the Court orders production.

What is Section 167 BSA in IEA?

Section 167 BSA corresponds to Section 164 IEA, which applied before 1 July 2024. Both sections have identical wording and state the same rule.

IEA 164 Is Now BSA 167: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	164	167
Heading	Using, as evidence, of document production of which was refused on notice	Same

IEA 164 and BSA 167: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 164, IEA 1872

164. Using, as evidence, of document production of which was refused on notice.—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.

BSA 2023 (in force)

Section 167, BSA 2023

167. Using, as evidence, of document production of which was refused on notice.—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.

When It Applies: IEA 164 vs BSA 167

Under IEA 164

A party to a proceeding has received prior notice to bring a document before the Court.
That party refuses to hand over the document when asked to produce it.
The same party later tries to introduce that document as evidence in the case.

Under BSA 167

A party to a proceeding has received prior notice to bring a document before the Court.
That party refuses to hand over the document when asked to produce it.
The same party later tries to introduce that document as evidence in the case.

What IEA 164 to BSA 167 Means in Practice

Section 164 IEA became Section 167 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party or witness should cite Section 167 BSA for matters governed by the BSA.

IEA 164 to BSA 167: Using, as evidence, of document production of which was refused on notice

IEA 164 to BSA 167 at a Glance

What Changed From IEA 164 to BSA 167?

IEA 164 vs BSA 167: Comparison Table

IEA 164 and BSA 167: Bare Act Text Side by Side

When It Applies: IEA 164 vs BSA 167

What IEA 164 to BSA 167 Means in Practice