My Legal Advisor, Lawyers india, free legal advice

Blog

Section 160- Testimony to facts stated in document mentioned in Section 159

Section 160- Testimony to facts stated in document mentioned in Section 159

A witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Comments:

Principle and scope- It has been seen that the previous section deals with cases where a reference to the writing revives in the mind of the witness a recollection of the facts relating to the transaction, i.e., as soon as he looks at the writing he remembers the facts. But it may be that even a perusal of a document does not refresh his memory, i.e., it does not revive in his mind a recollection of fact. Under section 160 it is not necessary that the witness looking at the written instrument should have an independent or specific recollection of the matters stated therein. They might have completely slipped from his memory. Even then he may testify to the facts referred to in it, if he recognises the writing or signature and feels sure that the contents of the document were correctly recorded.

Share

About Author

Mridul Rajvanshy

Mridul Rajvanshy

Related Articles

0 Comments

No Comments Yet!

There are no comments at the moment, do you want to add one?

Write a comment

Write a Comment