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.
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.
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Next · Section 168Judge's power to put questions or order production. →All sections / सभी धाराएँThe Bharatiya Sakshya Adhiniyam, 2023 →
More sections of this act
Section 1 · Short title, application and commencement.Section 2 · Definitions.Section 3 · Evidence may be given of facts in issue and relevant facts.Section 4 · Relevancy of facts forming part of same transaction.Section 5 · Facts which are occasion, cause or effect of facts in issue or relevant facts.Section 6 · Motive, preparation and previous or subsequent conduct.Section 7 · Facts necessary to explain or introduce fact in issue or relevant facts.Section 8 · Things said or done by conspirator in reference to common design.India Code, Government of India. Text fetched 09 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.