Section 167 BSA: Using as Evidence a Document Whose Production Was Refused on Notice

Section 167 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the consequence of refusing to produce a document after receiving notice to produce it. A party who refuses production is ordinarily barred from later using that same document as evidence, unless the opposite party consents or the Court permits it.

Updated: 13 September 2026

Text of Section 167 BSA

Meaning and legal effect

The provision is intended to prevent a party from gaining an evidentiary advantage after withholding a document that the other side had formally required to be produced. Once notice to produce has been given and the party refuses to produce the document, that party cannot later rely on the document as evidence as a matter of right.

The restriction is not absolute. Section 167 itself recognizes two routes by which the document may still be used: (1) consent of the other party, or (2) an order of the Court permitting its use.

Illustration under Section 167

The statutory illustration explains the rule through a dispute based on an agreement. A sues B and gives B notice to produce the agreement. B refuses. A then gives secondary evidence of the contents. B later attempts to produce the original document either to contradict A's secondary evidence or to show that the agreement is unstamped. Section 167 prevents B from doing so without the consent of A or an order of the Court.

Practical points

For Section 167 to become relevant, there should be a document, a notice to produce that document, and a refusal by the party who had notice. The legal consequence then attaches to the refusing party's later attempt to use that document in evidence.

The provision should also be read with Section 166 BSA, which addresses the related situation where a document called for on notice is actually produced and inspected. It should also be read alongside Section 168 BSA, which recognizes the Judge's power to order production in appropriate circumstances.

Why Section 167 matters

Section 167 supports fairness in the evidentiary process. A party should not ordinarily be allowed to suppress a document when called upon to produce it and then introduce it later only when it becomes strategically useful. The section therefore discourages tactical withholding of documentary evidence while preserving the Court's power to permit its use where justice requires.

Official source

The authoritative statutory text is available from the Government of India's India Code portal. Readers should verify the current text, amendments, commencement provisions and applicable procedural law from the official source before relying on this page in litigation.