IEA 159 — Refreshing memory

Indian Evidence Act, 1872

Statutory text

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.

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