IEA Section 161 — Right of adverse party as to writing used to refresh memory

Summary

If a witness uses a document to refresh their memory while testifying, that document must be shown to the other side if they ask for it. The other side can then question the witness about that document if they choose to.

Official Text

Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.

Related Judgments

• SHAMSHUL KANWAR vs STATE OF U.P — Supreme Court of India (1995)
• MUKUND LAL & ANR. vs UNION OF INDIA.& ANR — Supreme Court of India (1988)
• LAXMINARAYAN AND ANOTHER vs RETURNING OFFICER AND OTHERS — Supreme Court of India (1973)
• KANTI PRASAD JAYSHANKER YAGNIK vs PURSHOTTAMDAS RANCHHODDAS PATEL AND OTHERS — Supreme Court of India (1969)
• MALKIAT SINGH AND ORS vs STATE OF PUNJAB — Supreme Court of India (1991)

Old <-> New Code Mapping

• BSA §164 — Right of adverse party as to writing used to refresh memory