Section 166 BSA: Giving, as evidence, of document called for and produced on notice

Bharatiya Sakshya Adhiniyam, 2023

Section 166 BSA at a Glance

Section 166 BSA deals with giving, as evidence, of document called for and produced on notice. It replaced Section 163 IEA on 1 July 2024.

Was IEA

Section 163 →

Section 166 BSA Bare Act Text

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.

Source: Section 166, Bharatiya Sakshya Adhiniyam, 2023

Section 166 BSA in Simple Words

Section 166 of the Bharatiya Sakshya Adhiniyam, 2023 prevents a party in a case from calling for and inspecting a document held by the other party and then refusing to put it in evidence when the producing party demands it.

The rule applies when a party first gives the opposing party notice to produce a document and calls for that document. The opposing party then produces the requested document, and the party who called for it inspects the contents.

After that inspection happens, the party who produced the document can require the inspecting party to submit it as evidence. When the producing party makes that demand, the calling party must give the document as evidence.

When Section 166 BSA Applies

  • 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.

Example of Section 166 BSA

In September 2024, during a trial in Mumbai, Anita gives Ramesh notice to produce a delivery receipt and calls for that document in court. Ramesh produces the receipt, and the calling party inspects the document. Ramesh then requires the inspecting party to submit the document as evidence. Under Section 166 BSA, Anita is bound to give the delivery receipt as evidence.

Section 166 BSA in the IEA (Previous Law)

Section 166 BSA replaces Section 163 IEA from the old criminal code.

Section 163 of the Indian Evidence Act, 1872 became Section 166 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 166 BSA

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·