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.

We humans, sometimes tend to forget things and it is extremely important to keep remembering the entirety of the facts if we have been called as a witness. Someone’s life could be at the line and our statements may help the Court serve justice to someone. A witness may be under a lot of pressure and due to all the stress he might need to refresh his memory.

He may do so by referring to any writing made by himself at the time of the event taking place regarding which he has been questioned, or a while later as long as the Court considers it to be fresh in his memory.

The witness can also refer to someone else’s notes prepared within the aforementioned time frame, and decide whether it is correct or not.

The section further says that the witness may use a copy or photocopy of a document with the permission of the Court in order to refresh his memory.

Writing: – The word ‘writing’ has been defined in the General Clauses Act as ‘Aspect referring to ‘writing’ shall be made as including references to printing, lithography, photography and other modes of representing or multiplying words in a visible form’ from this, it is clear that if the status of Section 159 are satisfied a witness can refresh his memory by writing, photography, lithography, printing or other modes of representing or multiplying words in a visible from. It is to be noted that a witness who heard a speech may refer to his memory by referring to a newspaper account of it if he read it soon afterwards, and if, at the time he read it, he knew it to be correct. However, the tape-recording, not being a writing cannot be used for reviewing memory by witness.

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 is 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.

llustration

A book- keeper may testify to facts recorded by him in books regularly kept in the course of business, if he know that the books were correctly kept, although he has forgotten the particular transactions entered.

This section states that a witness must testify to the facts that were mentioned in any such document as mentioned in Section 159. It is irrelevant whether he remembers all the facts that were recorded with every little detail as long as he is certain that the facts have been recorded correctly by him.

To better understand this section, we need to look into the illustration provided in the section, which says:

The fundamental difference between Section 159 and Section 160 is that:

1.The former talks about the recollection of memory of the witness and not the document.
2.Whereas, in the latter, the document itself becomes evidence of the facts mentioned therein.

Section – 161. Right of adverse party as to writing used to refresh memory

Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon

This section states that any writing or document mentioned in the last two sections above must be produced and provided to the opposite party if they require it.

The opposite party may cross-examine the witness over the document if the need be.

When a document is produced under Section 161, it becomes subject to a general inspection and cross-examination by the opposite party.

But the cross-examination on the portion referred to by the witness does not make the document evidence against the cross-examiner.