CHAPTER X.––OF THE EXAMINATION OF WITNESSES

Section 159: Refreshing memory

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

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.

When witness may use copy of document to refresh memory.––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 the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his memory by reference to professional treatises.

Now in the BSA

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

159. Refreshing memory.

BSA 162

Questions on this section

2 questions in 11 of our papers cite Section 159. 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 Criminal Law