Section 167: Using, as evidence, of document production of which was refused on notice

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 6 of our papers cite Section 167. Try these from the free papers:

1. 1. A sues B on an agreement and gives B notice to produce it. At the trial A calls for the agreement, B refuses to produce it, and A gives secondary evidence of its contents. B then seeks to produce the agreement itself to show that it is not stamped. Under Section 167 of the BSA, B:

   A.may produce it as of right, since the original is the best evidence of its own contentsB.cannot use it as evidence without A's consent or the order of the CourtC.may produce it only to contradict the secondary evidence, and not to raise the stamp issueD.may produce it, since an objection about stamping goes to admissibility and is always open
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