Sat. Nov 28th, 2020

Section 159- Refreshing memory

2 min read

Section 159- Refreshing memory.

  • 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.

Comments-

A witness allowed to refresh his memory, respecting anything upon which he is questioned, may refresh by means of a writing. It is not necessary that the document, used for refreshing the memory should be relevant. It should be borne in mind that for refreshing the memory the document or writing may not be admissible but facts tried to be proved must be admissible under this section.

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