Indian evidence law | Updated 20 October 2026

Section 163 Evidence Act: Giving as Evidence a Document Produced on Notice

Section 163 of the Indian Evidence Act, 1872 dealt with a party's obligation to tender a document after calling for it, inspecting it and being required by the producing party to use it as evidence. The corresponding provision under the current law is Section 166 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What Section 166 of the Bharatiya Sakshya Adhiniyam provides

The statutory heading is "Giving, as evidence, of document called for and produced on notice." Its rule is that where a party has notified the other party to produce a document, subsequently calls for it, and inspects it after production, the requesting party must give that document as evidence if the producing party requires this.

Read the authoritative wording in the official Bharatiya Sakshya Adhiniyam, 2023 (India Code, PDF), Section 166.

Former Section 163 of the Indian Evidence Act, 1872

The wording of former Section 163 has been retained in substance in Section 166 BSA. The former provision remains important when considering saved proceedings and earlier judgments.

Conditions for the rule to apply

1. Notice: One party gives the opposing party notice to produce a particular document.
2. Production: The other party produces that document in response.
3. Inspection: The requesting party inspects the produced document.
4. Request to tender: The producing party requires the requesting party to give it as evidence.

The duty arises from the combination of these conditions; a mere request for a document without its production and inspection does not, by itself, establish every element of Section 166.

Practical example

Suppose a claimant gives the defendant notice to produce a signed agreement. The defendant produces it, and the claimant inspects it. If the defendant then requires the claimant to give that agreement as evidence, Section 166 obliges the claimant to do so. The court still determines any applicable questions about admissibility, proof and the weight of the document under the relevant law.

Related statutory provisions

• Section 165 BSA - Production of documents: A witness summoned to produce a document generally must bring it to court if it is within the witness's possession or power; the court decides objections to production or admissibility.
• Section 167 BSA - Refusal after notice: A party who refuses to produce a document after notice cannot later use it as evidence without the other party's consent or the court's order.
• Section 168 BSA - Judge's power: Subject to statutory safeguards, the judge may ask questions or order production to discover or obtain proof of relevant facts.
• Section 170 BSA - Repeal and savings: Addresses the repeal of the Indian Evidence Act and treatment of certain pending proceedings.

These provisions are available together in the official text of the Bharatiya Sakshya Adhiniyam, 2023.

Frequently asked questions

What is the new equivalent of Section 163 of the Indian Evidence Act?

Section 166 of the Bharatiya Sakshya Adhiniyam, 2023.

Does inspection alone make a document evidence?

No. Section 166 imposes a specific obligation when the statutory conditions are satisfied and the producing party requires the document to be given as evidence. Other rules governing proof and admissibility remain relevant.

What if the party refuses to produce the document after notice?

Section 167 BSA governs the consequences for the refusing party's later attempt to use that document as evidence.

Does the old Evidence Act apply to pending proceedings?

Section 170 BSA contains savings provisions. Whether the old Act continues to govern a particular proceeding depends on the proceeding and its status when the new law commenced.

Legal information for general reference. Consult the statutory text and current court directions for case-specific application.