Section 167 BSA: Using, as evidence, of document production of which was refused on notice

Bharatiya Sakshya Adhiniyam, 2023

Section 167 BSA at a Glance

Section 167 BSA deals with using, as evidence, of document production of which was refused on notice. It replaced Section 164 IEA on 1 July 2024.

Was IEA

Section 164 →

Section 167 BSA Bare Act Text

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.

Source: Section 167, Bharatiya Sakshya Adhiniyam, 2023

Section 167 BSA in Simple Words

Section 167 of the Bharatiya Sakshya Adhiniyam, 2023 stops a party from withholding a document and using it later. If a party receives notice to produce a document and refuses, that party cannot afterwards use it as evidence.

In a lawsuit, a party may give the other party notice to bring a document. At the trial, the requesting party asks for the document, but the holder refuses to hand it over. The requesting party may then give secondary evidence (proof of what the document says without the original).

After refusing, the holder cannot bring the original document to contradict that secondary evidence. The holder also cannot produce the document to show that the agreement lacks a stamp. Section 167 BSA allows later use only if the other party consents or the Court orders it.

When Section 167 BSA Applies

  • 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.

Example of Section 167 BSA

In August 2024, Farhan sues Priya in a court in Jaipur over a supply agreement and gives notice to produce the original supply agreement. At the trial, Farhan asks for the supply agreement, but Priya refuses to bring it. Later in the hearing, Priya tries to submit the same supply agreement as evidence to support a defence. Under Section 167 BSA, Priya cannot use the supply agreement as evidence unless Farhan consents or the Court orders it.

When Section 167 BSA Does Not Apply

  • The party who refused to produce the document can still use it as evidence if the opposite party agrees.
  • The party who refused to produce the document can still use it as evidence if the Court permits it by an order.

Section 167 BSA in the IEA (Previous Law)

Section 167 BSA replaces Section 164 IEA from the old criminal code.

Section 164 of the Indian Evidence Act, 1872 became Section 167 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 167 BSA

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.

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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 ·