Section 162 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

Section 162 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the refreshing of a witness's memory during examination.

📜 Text of Section 162

Refreshing Memory with Personal Writings: A witness may, while under examination, refresh their memory by referring to any writing made by themselves at the time of the transaction concerning which they are questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in their memory.(advocatekhoj.com)

Refreshing Memory with Others' Writings: The witness may also refer to any such writing made by another person, and read by the witness within the time aforesaid, if when they read it, they knew it to be correct.(advocatekhoj.com)

Use of Copies: Whenever a witness may refresh their memory by reference to any document, they may, with the permission of the Court, refer to a copy of such document:(advocatekhoj.com)

Provided that the Court is satisfied that there is sufficient reason for the non-production of the original.(advocatekhoj.com)

Provided further that an expert may refresh their memory by reference to professional treatises.(myjudix.com)

🧠 Explanation

Section 162 allows a witness to refer to documents to refresh their memory during testimony. This ensures that witnesses can provide accurate and reliable information, especially when their recollection may be unclear.

Personal Writings: A witness can use their own writings made contemporaneously with the event or shortly thereafter to recall details.(myjudix.com)

Others' Writings: If the witness had read a document made by another person within the relevant time frame and knew it to be correct, they may refer to it.(myjudix.com)

Court's Permission for Copies: The Court may permit the use of copies of documents if the original cannot be produced, provided there is a valid reason.

Experts: Experts may refer to professional treatises to refresh their memory, acknowledging their specialized knowledge.(myjudix.com)

⚖️ Practical Implications

Ensuring Accurate Testimony: This provision helps witnesses provide accurate testimony by allowing them to refresh their memory using relevant documents.

Admissibility of Copies: While originals are preferred, copies may be used with the Court's permission, ensuring flexibility in proceedings.

Expert Testimony: Experts can rely on established professional literature to support their testimony, enhancing the credibility of their statements.

🧾 Illustration

Scenario: A witness is asked about the details of a contract signed three years ago. The witness does not remember the specifics but refers to their notes made at the time of signing. With the Court's permission, the witness may use these notes to refresh their memory and provide accurate testimony.(taxguru.in)

Summary:

Section 162 of the Bharatiya Sakshya Adhiniyam, 2023, facilitates accurate and reliable witness testimony by allowing the use of documents to refresh memory during examination, subject to the Court's discretion and established guidelines.

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