Write a note on using as evidence, of document production of which was refused on notice.

Question: Write a note on using as evidence, of document production of which was refused on notice.

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Answer

Section 164 of the Evidence Act talks about the rule of using, as evidence, the document, production of which was refused on notice. As per this section, when a party refuses to produce a document which he has the 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.

Principle and Scope of Section 164

Where an opponent in possession of a document refuses to produce it on demand, he is afterwards forbidden to produce the document to contradict the other party’s secondary evidence. This is in one sense a proper penalty for unfair tactics. He is not at liberty afterwards to give the document in evidence for any purpose.

This is in one sense a proper penalty for unfair tactics or refusal to cooperate with the judicial process. The section does not enable a party to seek actual production of the document. It contemplates only a disability the fear of which may perhaps bring about a positive response [Shyamdas Kapur v. Emperor (1932) 60 Cal 341]. The section may not perhaps apply to criminal proceedings.

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Important Mains Questions Series for Judiciary, APO & University Exams

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