manu (advocate) 13 August 2008

evidence- refreshing memory

Dear Sirs,

i would like to know the proper interprtation of section 159 of indian evidence act under which witness is permitted to refer to a document and adduce the evidence.

does it refer to only expert and official witnesses or is it even applicable to mahazar, recovery and eye witnesses??

can the prosecution witnesses who have signed the mahazar be allowed to refer to the document and adduce the evidence???

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3 Replies

Guest (n/a) 13 August 2008

S. 159 of the Evidence Act is couched in a language recognising the necessity. The section reads thus:

"159.

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."

In Mahazers the witnesses are attesting as witnesses. Writing includes the signature also. The witness is also a perty to the mahazer. he can peruse the mahazer at the time when in the witness box. The IO can permuse the case file while in examination. The prosecutor is permitted to refresh the memory of witness and permitted to brief them out side the court.

Refreshing memory.- A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transactions 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.

K.C.Suresh (Advocate) 13 August 2008

S. 159 of the Evidence Act is couched in a language recognising the necessity. The section reads thus:

"159. Refreshing memory.- A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transactions 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."

In Mahazers the witnesses are attesting as witnesses. Writing includes the signature also. The witness is also a perty to the mahazer. he can peruse the mahazer at the time when in the witness box. The IO can permuse the case file while in examination. The prosecutor is permitted to refresh the memory of witness and permitted to brief them out side the court.