What Is BSA Section 164?

Bhartiya Sakshya Adhiniyam, 2023 - Section 164: Right of Adverse Party as to Writing Used to Refresh Memory

Any writing referred to under the provisions of the two last preceding sections shall be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.

Brefe Detail

Section 164 of the Bhartiya Sakshya Adhiniyam, 2023, grants the adverse party the right to request any writing that has been referenced to refresh a witness's memory. If requested, the witness must produce the writing for the adverse party to review. Furthermore, the adverse party has the option to cross-examine the witness regarding the contents of the writing.

Question & Answers

Q1: What does Section 164 of the Bhartiya Sakshya Adhiniyam, 2023 entail?

A1: It allows the adverse party to request the production of any writing used to refresh a witness's memory.

Q2: What happens if the adverse party requests the writing?

A2: The writing must be produced and shown to the adverse party.

Q3: Does the adverse party have any further rights regarding the witness?

A3: Yes, the adverse party may cross-examine the witness about the contents of the writing.

Example

Scenario: During a trial, a witness refers to a document to refresh their memory about specific events.

The adverse party requests this document.

The witness must produce the document for the adverse party to examine.

The adverse party then cross-examines the witness about the information in the document.

Summary

Section 164 of the Bhartiya Sakshya Adhiniyam, 2023, ensures that the adverse party has access to any writings used by a witness to refresh their memory. This provision facilitates transparency and allows the opposing party to challenge the witness's testimony through cross-examination, reinforcing the fairness of legal proceedings.