PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER X OF EXAMINATION OF WITNESSES

Section 162: Refreshing memory

The Bharatiya Sakshya Adhiniyam, 2023

(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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

162	159. Refreshing memory.

Questions on this section

2 questions in 11 of our papers cite Section 162. Try these from the free papers:

1. Consider the following statements regarding refreshing memory under Section 162 of the BSA: 1. A witness may refresh his memory by referring to a writing made by himself at the time of the transaction, or so soon afterwards that the Court considers it likely that the transaction was then fresh in his memory. 2. With the permission of the Court, a witness may refer to a copy of such a document, if the Court is satisfied that there is sufficient reason for not producing the original. 3. An expert may refresh his memory by reference to professional treatises. Which of the statements given above is/are correct?

Practise questions on Bharatiya Sakshya Adhiniyam