Section 164 of IEA : Section 164: Using, As Evidence, Of Document Production Of Which Was Refused On Notice

Explanation using Example

Imagine a scenario where two business partners, Rahul and Neeraj, have a dispute over a contract. Rahul claims that Neeraj owes him money according to the terms of the contract. During the legal proceedings, Rahul's lawyer sends a notice to Neeraj, asking him to produce the original contract as evidence.

At the court hearing, Rahul requests the judge to ask Neeraj to present the contract. However, Neeraj refuses to produce the document. Consequently, Rahul presents a photocopy of the contract as secondary evidence to support his claim.

Later in the trial, Neeraj tries to introduce the original contract to challenge the authenticity of the photocopy Rahul provided. However, according to Section 164 of The Indian Evidence Act, 1872, Neeraj is not allowed to use the original document as evidence at this point because he refused to produce it earlier when given notice, unless he obtains the consent of Rahul or an order from the court permitting him to do so.