Section 163 IEA: Giving, as evidence, of document called for and produced on notice
Indian Evidence Act, 1872
Section 163 IEA at a Glance
Section 163 IEA deals with giving, as evidence, of document called for and produced on notice. From 1 July 2024 it is replaced by Section 166 BSA.
Section 163 IEA Bare Act Text
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.
Source: Section 163, Indian Evidence Act, 1872
Section 163 IEA in Simple Words
Section 163 of the Indian Evidence Act, 1872 stops a party in a case from calling for and inspecting a document held by the opposing side and then refusing to place it in evidence when the opposing side demands it.
The rule applies when a party first gives the other party a formal notice to produce a document and calls for that document in the case. The other party then produces the document, and the party who asked for it inspects the contents.
Once that inspection takes place, the party who produced the document can demand that the inspecting party submit it as evidence. If the producing party makes that demand, the party who called for and inspected the document must give it as evidence.
When Section 163 IEA 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 demands it, the inspecting party must give the document as evidence.
Example of Section 163 IEA
Section 163 IEA in the BSA
Section 163 IEA is now covered under Section 166 BSA.
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.
View detailed comparison (IEA 163 vs BSA 166) →FAQs on Section 163 IEA
What is Section 163 IEA?▼
Section 163 of the Indian Evidence Act, 1872 states the rule when a party calls for and inspects a document produced by the other party after notice. If the party who produced the document demands it, the inspecting party must give the document as evidence.
Must a party give an inspected document as evidence under Section 163 IEA if the producing party does not ask for that?▼
No. Under Section 163 IEA, the party who called for and inspected the document is bound to give it as evidence only when the party who produced the document requires that step.
Does Section 163 IEA apply before the calling party inspects the produced document?▼
No. The duty under Section 163 IEA arises only after the other side produces the requested document and the party who asked for it inspects it.
What is Section 163 IEA in BSA?▼
Section 166 BSA replaced Section 163 IEA on 1 July 2024 without any change in wording. The same rule applies under Section 166 BSA.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·