Refreshing memory
Chapter 10: Of examination of witnesses
(1) A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory:
Provided that the witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it, he knew it to be correct.
(2) Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document:
Provided that the Court be satisfied that there is sufficient reason for the non-production of the original:
Provided further that an expert may refresh his memory by reference to professional treatises.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 159Questions tending to corroborate evidence of relevant fact, admissibleEvidence Act 156
- 160Former statements of witness may be proved to corroborate later testimony as to same factEvidence Act 157
- 161What matters may be proved in connection with proved statement relevant under section 26 or 27Evidence Act 158
- 163Testimony to facts stated in document mentioned in section 162Evidence Act 160
- 164Right of adverse party as to writing used to refresh memoryEvidence Act 161
- 165Production of documentsEvidence Act 162