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What is Refreshing memory? What is Testimony to facts stated in document mentioned in section 159? Section 159 and 160 of Indian Evidence Act 1872

Refreshing memory and Testimony to facts stated in document mentioned in section 159 are defined under section 159 and 160 of Indian Evidence Act 1872. Provisions under these sections are:

Section 159 of Evidence Act "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.

Section 160 of Evidence Act "Testimony to facts stated in document mentioned in section 159"

A witness may also testify to facts mentioned in any such document as is mentioned is section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustration

A book- keeper may testify to facts recorded by him in books regularly kept in the course of business, if he know that the books were correctly kept, although he has forgotten the particular transactions entered.

 

Indian Evidence Act 1872

When they must not be asked? When they may be asked? What is Evidence as to matters in writing? Section 142, 143 and 144 of Indian Evidence Act 1872

What is Cross–examination as to previous Statements in writing? What are Questions lawful in cross-examination? When witness to be compelled to answer? Section 145, 146 and 147 of Indian Evidence Act 1872

What is the meaning of Court to decide when question shall be asked and when witness compelled to answer? What is Question not to be asked without reasonable grounds? Section 148 and 149 of Indian Evidence Act 1872

What is Procedure of Court in case of question being asked without reasonable grounds? What is Indecent and scandalous questions? Section 150 and 151 of Indian Evidence Act 1872

What is questions intended to insult or annoy? What is Exclusion of evidence to contradict answers to questions testing veracity? Section 152 and 153 of Indian Evidence Act 1872

What is Question by party to his own witness? What is Impeaching credit of witness? What is Questions tending to corroborate evidence of relevant fact, admissible? Section 154, 155 and 156 of Indian Evidence Act 1872

What is Former statements of witness may be proved to corroborate later testimony as to same fact? What matters may be proved in connection with proved statement relevant under section 32 or 33? Section 157 and 158 of Indian Evidence Act 1872

What is Refreshing memory? What is Testimony to facts stated in document mentioned in section 159? Section 159 and 160 of Indian Evidence Act 1872

What is Right of adverse party as to writing used to refresh memory? What are Productions of documents? What is Giving, as evidence, of document called for and produced on notice? Section 161, 162 and 163 of Indian Evidence Act 1872

What is Using, as evidence, of document production of which was refused on notice? What is Judge’s power to put questions or order production? Section 164 and 165 of Indian Evidence Act 1872

What is Power of jury or assessors to put questions? What is the meaning of No new trial for improper admission or rejection or evidence? Section 166 and 167 of Indian Evidence Act 1872

 

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