Bharatiya Sakshya Adhiniyam, 2023
BSA Section 162
Refreshing memory
In one line
BSA Section 162 deals with refreshing memory and replaces Evidence Act 159.
Bare act text — BSA 162
162. Refreshing memory.
(1) 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: Provided that 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.
(2) 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 that the Court be satisfied that there is sufficient reason for the non-production of the original: Provided further that an expert may refresh his memory by reference to professional treatises.
What changed from the Evidence Act
- Evidence Act 159 → BSA 162: Paragraphs are numbered as subsections (1) and (2).
- Evidence Act 159 → BSA 162: Sub-heading words "When witness may use copy of document to refresh memory" are excluded from subsection (2).
- Evidence Act 159 → BSA 162: Words "Provided that" and "Provided further that" are added in provisos.
Frequently asked
What was BSA Section 162 in the Evidence Act?
BSA Section 162 (Refreshing memory) replaces Section 159 of the Indian Evidence Act, 1872. Evidence Act 159 is now BSA 162.
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Nearby BSA sections
- BSA 157 — Question by party to his own witness
- BSA 158 — Impeaching credit of witness
- BSA 159 — Questions tending to corroborate evidence of relevant fact, admissible
- BSA 160 — Former statements of witness may be proved to corroborate later testimony as to same fact
- BSA 161 — What matters may be proved in connection with proved statement relevant under section 26 or 27
- BSA 163 — Testimony to facts stated in document mentioned in section 162
- BSA 164 — Right of adverse party as to writing used to refresh memory
- BSA 165 — Production of documents
- BSA 166 — Giving, as evidence, of document called for and produced on notice
- BSA 167 — Using, as evidence, of document production of which was refused on notice