Report No. 185

Section 161

The Section refers to the 'Right of adverse party as to writing used to refresh memory'. It reads as follows:

"161. 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 refers to Section 159 and 160 and as per the language of Section 159, this applies to documents used to refresh memory while a witness is 'under examination'.

But, it has been held that the defence counsel cannot be permitted to cross-examine the Police Officer regarding the entries in the case-diary unless the police officer uses it to refresh his memory. (Gurucharan Singh v. State, ILR 1984 (2) Del. 627 (B) = 1985 Crl.LJ (NUC) 56.

In para 92.3 the only amendment suggested was to substitute the word 'document' for 'writing' in conformity with Section 159, as proposed to be amended, as also in conformity with present Section 160. We recommend accordingly.