Sun. Sep 20th, 2020

Section 163- Giving, as evidence of document called for and produced on notice

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Section 163- Giving, as evidence of document called for and produced on notice.

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.

Comments:
scope- section 163 gives provision for the production of document by one party to suit or proceeding on instance of the other.
It lays down that if a party to the proceeding summons a document from the other party and inspects it he cannot refuse to produce it in case if the party producing the paper so desires. This section applies not only to civil cases but also to criminal trials.
Ingredients of the section- Under section 163 the party is bound to give the opponent’s document as evidence, in the case if the three conditions are fulfilled. (1) The first condition is that the document should be required by that party to be produced in evidence. (2) The second condition is that it should be inspected by the party. (3) The third condition is that the party producing the document should require the party calling for it to put it in evidence. such documents need no further proof and should be admitted in toto.

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