Indian Evidence Act, 1872 · Section 159

IEA 159 in BSA: Section 162

Section 159 of the Indian Evidence Act, 1872 corresponds to Section 162 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 159 deals with refreshing memory. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 159 is now BSA 162.

Refreshing memory

Carried over
92% of the old wording kept
Old · IEA 1872 · Ch. X
s. 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 is 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 the time aforesaid, if when he read it he knew it to be correct. When witness may use copy of document to refresh memory.—Whenever a witness 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. X
s. 162
Refreshing memory.
(1) 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 is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory:
Provided that the witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it, he knew it to be correct.
(2) Whenever a witness 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 that the Court be satisfied that there is sufficient reason for the non-production of the original:
Provided further that an expert may refresh his memory by reference to professional treatises.
Text from India Code

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