BSA §164
Any writing referred to under the provisions of the two last preceding.
Jump to section
Comparison
Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
164. Any writing referred to under the provisions of the two last preceding sections shall be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
What changedAI-inferred
Right of adverse party as to writing used to refresh memory.
Old position
IEA 161 is concerned with Right of adverse party as to writing used to refresh memory. Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon
New position
BSA 167 preserves the framework with drafting modernisations as required by the new code. Topic: When a party refuses to produce a document which he has had.. When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court
BSA 167 (When a party refuses to produce a document which he has had.) preserves the framework of IEA 161. BSA 167 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 167 text: When a party refuses...
Editorial deltaAI-indicated (source-linked)
BSA-164 reproduces the operative content of IEA-161 (Right of adverse party as to writing used to refresh memory) with text-overlap 0.95 on the supplied bare-act extracts. The original PRS-chart-based pairing (BSA-167) appears to have been a parsing artifact: text-comparison shows that destination has a different topic. The corrected pairing reflects the actual section-content correspondence. Cross-references may need to be remapped per locked doctrine #11.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 161 continues to apply. For matters from that date forward, BSA 167 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 167 (When a party refuses to produce a document which he has had.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §161 → BSA §164 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/164.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.