Section 164 IEA: Using, as evidence, of document production of which was refused on notice

Indian Evidence Act, 1872

Section 164 IEA at a Glance

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

Now BSA

Section 167 →

Section 164 IEA Bare Act Text

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.

Source: Section 164, Indian Evidence Act, 1872

Section 164 IEA in Simple Words

Section 164 of the Indian Evidence Act, 1872 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 164 IEA allows later use only if the other party consents or the Court orders it.

When Section 164 IEA 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 164 IEA

In 2022, Ramesh sues Anita in a court in Pune over a shop lease deed and gives notice to produce the original lease deed. At the trial, Ramesh asks for the lease deed, but Anita refuses to bring it. Later in the hearing, Anita tries to submit the same lease deed as evidence to support a defence. Under Section 164 IEA, Anita cannot use the lease deed as evidence unless Ramesh consents or the Court orders it.

When Section 164 IEA 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 164 IEA in the BSA

Section 164 IEA is now covered under Section 167 BSA.

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.

View detailed comparison (IEA 164 vs BSA 167) →

FAQs on Section 164 IEA

What is Section 164 IEA?▼

Section 164 of the Indian Evidence Act, 1872 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 164 IEA?▼

No. The illustration to Section 164 IEA 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 164 IEA?▼

No. Under the illustration to Section 164 IEA, 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 164 IEA in BSA?▼

Section 167 BSA replaces Section 164 IEA from 1 July 2024. The wording and the legal rule remain identical in the Adhiniyam.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·