BSA Section 163 — Testimony to facts stated in document mentioned in section 162

Summary

A witness may also give evidence about facts that are recorded in a document of the kind covered by section 162, even if the witness cannot specifically remember those facts on their own. This is allowed only if the witness is sure that the facts were correctly written down in that document.

For example, a book-keeper can testify about transactions that are recorded in business books that are kept regularly as part of the business, as long as the book-keeper knows the books were kept correctly, even if the book-keeper has forgotten the particular transactions themselves.

Official Text

A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustration. A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

Sections referred to

• BSA §162 — Refreshing memory

Old <-> New Code Mapping

• IEA §160 — Testimony to facts stated in document mentioned in section 162