Report No. 185

Section 163

This Section bears the heading 'Giving, as evidence, of document called for and produced on notice'. It reads as follows:

"163. 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."

In the 69th Report, it was stated in para 94.8 that no amendment is required in this Section.

This Section says that if (i) a party produces a document upon notice (see Section 66) of another party and (ii) the latter party inspects the document, then (iii) the party calling is bound to use it as his evidence, if the party producing the document require it. It applies both to Civil and Criminal trials (Govt. of WB v. Santiram, AIR 1930 Cal 370). The document must be relevant to matters in issue. The basis of the rule is stated in Sarkar (1999, 15th Ed, p. 2315) as follows:

"it would be manifestly unjust and unfair to permit one to gain an undue advantage by looking into the documents of his opponent without being obliged to use it as evidence for both of them finding that they did not suit his purpose or went against him."

See also Rajeswari v. Bal Kishen, ILR 9 All 713 (PC) which states that it rests on the party who calls for and inspects a paper, to adduce evidence as to its genuineness, if that be not admitted.

We agree that no amendment is necessary in Section 163.