What is Right of adverse party as to writing used to refresh memory What are Productions of documents What is Giving, as evidence, of document called for and produced on notice Section 161, 162 and 163 of Indian Evidence Act 1872

Right of adverse party as to writing used to refresh memory, Productions of documents and Giving, as evidence, of document called for and produced on notice are defined under section 161, 162 and 163 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 161 of Evidence Act "Right of adverse party as to writing used to refresh memory"

Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.


 

Section 162 of Evidence Act "Productions of documents"

A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.

The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.

Translation of documents – If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence : and, if the interpreter disobeys such direction , he shall be held to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).


Section 163 of Evidence Act "Giving, as evidence, of document called for and produced on notice"

When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.

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