What Is BSA Section 162?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 162 of the Bhartiya Sakshya Adhiniyam, 2023, allows a witness to refresh their memory during examination by referring to writings made by themselves or others, provided these were created at or shortly after the relevant transaction. The section also permits the use of document copies with Court permission, especially if the original cannot be produced. Experts are allowed to use professional treatises for refreshing their memory.

Question & Answers

Q1: What does Section 162 of the Bhartiya Sakshya Adhiniyam, 2023 address?

A1: It addresses how a witness may refresh their memory during examination.

Q2: What types of writings can a witness refer to for refreshing their memory?

A2: A witness can refer to writings made by themselves or by others, provided they read them within the appropriate time frame and recognized them as correct.

Q3: Can a witness use a copy of a document to refresh their memory?

A3: Yes, a witness may refer to a copy of a document with the Court's permission, if there is a valid reason for not producing the original.

Q4: Are experts treated differently under this section?

A4: Yes, experts may refresh their memory by referencing professional treatises.

Example

Scenario: A witness is asked to recall details about a contract signed a week ago.

• Self-Made Writing: The witness refers to notes they took immediately after signing the contract.
• Other Person's Writing: The witness may also reference an email from a colleague discussing the contract.
• Document Copy: If the original contract is unavailable, the witness can refer to a photocopy with the Court's permission.

Summary

Section 162 of the Bhartiya Sakshya Adhiniyam, 2023, provides mechanisms for witnesses to enhance their recollection during testimony. It allows references to original writings and copies, ensuring that testimony remains accurate and informed. The provision also accommodates experts, ensuring they can rely on their professional knowledge in judicial proceedings.