whether these entries are used by the
police officer concerned to refresh his
memory or regardless of the fact whether
the court has used these ... Sections
162 and 172. Section 172 shows that witness
may refresh his memory by reference to them
but such use is at the discretion
witnesses, or
(b) handed over to a witness
merely to refresh his memory."
Sub-rule (1) mandates the
defendant to produce the
documents ... witnesses or handed
over to a witness merely to
refresh his memory. Sub-rule (3)
states that a document which is
not produced
plaint, or
(iii) handed over to a witness merely to refresh his
memory.
(2) The list of documents filed with the plaint shall specify
whether ... plaint, or
(iii) handed over to a witness merely to refresh his
memory.
(8) The list of documents filed with the written statement or
counter
witnesses, or
(b) handed over to a witness merely to refresh his memory."
[7] Sub-rule (1) mandates the defendant to produce the documents ... witnesses or handed over to a witness merely to refresh his memory.
Sub-rule (3) states that a document which is not produced
witnesses, or, handed over to a witness merely to
refresh his memory."
(emphasis supplied)
23.8. Having regard to Order VII Rule
witnesses, or, handed over
to a witness merely to refresh his memory."
Order XVIII Rule 17
"17. Court may recall and examine witness
that under the BNSS,
there is a provision to refresh the memory. Even otherwise, the Court
may exercise due care and caution while recording
