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Section 159- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

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 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 time aforesaid, if when he read it he knew it to be correct

When witness may use copy of document to refresh his memory –

Whenever a witness may refresh his ness 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

Objection to check records not legal

Objection to check records or entries by investigating officer is not legal and liable to be rejected; State of Karnataka v. K. Yanappa Reddy, 2000 Cr LJ 400.

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The Indian Evidence Act, 1872

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