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Report No. 185

Section 159

Refreshing memory.

We agree (see para 90.15 of 69th Report) that section 159 be revised as follows:

"159. Refreshing memory.- (1) A witness may, while under examination, refresh his memory by referrin.-

(a) to any document made by the witness 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;

(b) to any such document made by any other person, and read or seen by the witness within the time aforesaid, if, when he read or saw it, he knew it to be correct;

(c) to a copy of such document, with the permission of the Court, provided the Court is satisfied that there is sufficient reason for the non-production of the original.

(2) An expert may refresh his memory by reference to professional treatises or articles published in professional journals."

Section 160

Testimony as to fact stated in document mentioned in section 159. In para 91.6 of the 69th Report, it was observed that section 160 does not require any change. We agree.

Review of the Indian Evidence Act, 1872 Back

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