Section 164 of IEA : Section 164: Using, as evidence, of document production of which was refused on notice.

Explanation using Example

Example 1:

Ravi files a lawsuit against Suresh claiming that Suresh owes him Rs. 50,000 based on a written loan agreement. Ravi gives Suresh a notice to produce the original loan agreement in court. During the trial, Suresh refuses to produce the document. Ravi then provides secondary evidence, such as a photocopy of the loan agreement and testimony from a witness who saw the agreement being signed. Later, Suresh tries to present the original loan agreement to argue that the document was never signed by him. According to Section 164 of The Indian Evidence Act 1872, Suresh cannot use the original loan agreement as evidence without Ravi's consent or a court order because he refused to produce it when initially asked.

Example 2:

Meera is suing her former employer, XYZ Pvt. Ltd., for wrongful termination and claims that her employment contract guaranteed her job security for five years. Meera gives XYZ Pvt. Ltd. a notice to produce the original employment contract in court. XYZ Pvt. Ltd. refuses to produce the document. Meera then provides secondary evidence, such as email correspondence and a copy of the contract she had saved. ...

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