VidhiSangh

Indian Evidence Act, 1872

Section 159: Refreshing memory

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part III — Production and Effect of Evidence

159. 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.

Source: official text of the Indian Evidence Act, 1872.