Section 162 in Bharatiya Sakshya Adhiniyam, 2023
162. Refreshing memory.
(1) A witness may, while under examination, refresh his memory by referring to any writing ... knew it to be correct. (2) Whenever a witness may refresh his memory by reference to any document, he may, with the permission
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
memory of the witness could be refreshed. It says
that a witness may, while under examination, refresh his memory by
referring to any writing made ... that time fresh
in the memory of the witness. So, the memory
could be refreshed with reference to some
contemporaneous document prepared by the
witness
permitted to
show a video recording from the pen drive to refresh the memory of the
witness and ask further questions to the respondent/wife ... witnesses, or,
handed over to a witness merely to refresh his memory.
Order VIII, Rule
before the Trial Court has looked into the
case diary for refreshing his memory, and therefore, in
view of Section ... since the Investigation Officer has looked into
the case diary to refresh his memory while he was
examined before the Court, for the purpose
relied upon and the panch witness after he
had refreshed the memory and supported the case of the
prosecution. That in the entire evidence ... permission of the learned trial
Court, the witness was allowed to refresh his memory and the
panchnama was shown to him and the witnesses thereafter
deferred till the
availability of police file so that witness can refresh his
memory and narrated the investigation done by him).
Declined. Reasons mentioned ... police
file was not available with the prosecution for refreshing his memory.
25. This Court takes note of the fact that
case police use the entries in the diaries to refresh his memory or
if the Court uses them for the purpose of contradicting such police ... Under Section 161 of the Evidence Act witnesses may refresh
his memory by reference to them, but such right is at the discretion
witnesses, or
(b) handed over to a witness merely to refresh
his memory.]
9. As per sub rule 1 of Rule 1A of Order ... witnesses, or
(b) handed over to a witness merely to refresh his
memory."
Subrule (1) mandates the defendant to produce
the documents
statement given before the police just to refresh his
memory. The said statement so given by PW.2 has been
marked ... Indian
Evidence Act , the witnesses may be provided an
opportunity to refresh their memory. Evidently, PW.2 is
not the Investigating Officer or any expert
