BSA Section 162 — Refreshing memory

CHAPTER X OF EXAMINATION OF WITNESSES

General

Summary

Sub-section (1) lets a witness, while being examined in court, refresh their memory by looking at any writing they made themselves at the time of the transaction they are being questioned about, or so soon afterwards that the Court considers the transaction was still fresh in their memory at that time.

The proviso to sub-section (1) adds that a witness may also refer to a writing made by another person, if the witness read that writing within the same time period and, when reading it, knew it to be correct.

Sub-section (2) states that whenever a witness is allowed to refresh their memory by referring to a document, they may, with the Court's permission, refer to a copy of that document instead.

The first proviso to sub-section (2) requires that the Court be satisfied there is sufficient reason for the original document not being produced.

The second proviso to sub-section (2) states that an expert may refresh their memory by referring to professional treatises.

Official Text

(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.

Referred to by

Related Judgments

  • SHRIDHAR CHAVAN vs THE STATE OF MAHARASHTRA — Bombay High Court (Mumbai Principal Seat) (2015)
  • Arun Gulabrao Gawli vs State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2022)
  • RANBIR YADAV vs STATE OF BIHAR — Supreme Court of India (1995)
  • MALKIAT SINGH AND ORS vs STATE OF PUNJAB — Supreme Court of India (1991)
  • MAHABIR SINGH vs STATE OF HARYANA — Supreme Court of India (2001)
  • STATE OF KERALA vs BABU AND ORS — Supreme Court of India (1999)

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