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BSA · Section 166 · Chapter X — OF EXAMINATION OF WITNESSES

Giving, as evidence, of document called for and produced on notice.

What this section does

When a party calls for a document after giving the other party notice to produce it, and that document is produced and inspected by the calling party, the calling party is bound to put it in evidence if the producing party so requires. This prevents a party from inspecting a document and then declining to exhibit it when it turns out to be unfavourable.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A party who inspects a document produced on notice is bound to tender it in evidence if the producing party demands.

When it applies

  • A plaintiff who gives notice to the defendant to produce a contract, inspects it at trial, and finds it unfavourable, cannot refuse to exhibit it if the defendant insists.
  • Where a party calls for and inspects correspondence produced on notice, the producing party may compel its formal admission in evidence.
Old-law correspondence

Derived from IEA s.163.

Read the official text

For the binding statutory text of BSA Section 166, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 166 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.