Section 164 Indian Evidence Act 1872
Section 164 of the Indian Evidence Act 1872 is about ‘Using, as evidence, of document production of which was refused on notice’. It is under Chapter X of the Act. Chapter X is titled ‘OF THE EXAMINATION OF WITNESSES‘.
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.
See also:
Section 163 Indian Evidence Act 1872 (Giving, as evidence, of document called for and produced on notice)