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Report No. 185

Section 161

Right of adverse party as to writing used to refresh memory. In para 92.3 of the 69th report 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.

Section 162

Production of documents.

This section has been examined while dealing with section 123 and we have proposed amendment to section 162. The recommendations made in our discussion under section 123 may be looked into. We have recommended deletion of the words 'unless it refers to matter of State' from section 162. The entire procedure for record or communication relating to affairs of State will now come under sect. 123.

Section 163

This section bears the heading 'Giving, as evidence, of document called for and produced on notice'

We agree that no amendment is necessary in section 163.

Section 164

Using, as evidence, of document called for an produced on notice. In Sham Das v. R: 36 CWW 1127, a doubt was raised as to whether section 164 was applicable to criminal proceedings. It was suggested to the Commission which prepared the 69th Report that the section be amended to confine it to civil proceedings. The Commission declined to do. We are also of the same view.

Review of the Indian Evidence Act, 1872 Back

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