Code: Section 166 BSA
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.
Explanation of Section 166 BSA
Section 166 of the Bharatiya Sakshya Adhiniyam (BSA) addresses the legal obligation of a party requesting the production of a document in a court proceeding. When one party gives notice to the opposing party to produce a document, and the document is then produced and inspected by the party requesting it, this section stipulates that the requesting party is required to give the document as evidence if the producing party demands it.
Key Provisions:
- Notice for Production of Document: A party in a legal proceeding can request the other party to produce a document that is relevant to the case.
- Inspection of the Document: Once the document is produced, the requesting party has the opportunity to inspect it.
- Obligation to Present the Document as Evidence: If the party producing the document requests it, the requesting party is legally bound to present the document as evidence in the trial.
This provision ensures that when a document is produced in response to a notice, it cannot simply be withheld or ignored. The party requesting the document is required to use it in the trial if necessary, thereby promoting transparency and fairness in legal proceedings.
Illustration
Example 1: Business Dispute Document Production
In a commercial contract dispute, Party A requests that Party B produce their financial records. Party B complies, and Party A inspects the documents. If Party B asks, Party A must present the financial records as evidence to support their case.
Example 2: Document in a Criminal Trial
In a criminal trial, the defense requests the prosecution to produce surveillance footage. After inspecting the footage, if the prosecution asks the defense to submit it as evidence, the defense is obligated to do so.
Common Questions and Answers on Section 166 BSA
- Can the requesting party refuse to use the document as evidence after it is produced?
- No, if the producing party requests it, the requesting party must present the document as evidence.
- Is the requesting party allowed to inspect the document before using it as evidence?
- Yes, the requesting party can inspect the document after it is produced, but they are still bound to use it as evidence if requested by the producing party.
- What happens if the requesting party does not want to present the document as evidence?
- If the producing party demands it, the requesting party must present the document as evidence. Failure to comply can have legal consequences.
- Is there any limitation on the types of documents that can be requested?
- Section 166 applies to any relevant document that a party can request, provided it is within the scope of the case.
Conclusion
Section 166 of the Bharatiya Sakshya Adhiniyam (BSA) ensures fairness and transparency in legal proceedings by mandating that when a party requests the production of a document, they must present it as evidence if the other party requires it. This provision prevents the withholding of crucial evidence and ensures that relevant documents are properly used to support the case at hand.
For more detailed insights into the Bharatiya Sakshya Adhiniyam and other legal provisions, explore ApniLaw’s comprehensive legal resources.
