Section 159 Indian Evidence Act 1872
Section 159 of the Indian Evidence Act 1872 is about ‘Refreshing memory’. It is under Chapter X of the Act. Chapter X is titled ‘OF THE EXAMINATION OF WITNESSES‘.
Refreshing memory
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.
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.
When witness may use copy of document to refresh memory
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 the Court be satisfied that there is sufficient reason for the non-production of the original.
An expert may refresh his memory by reference to professional treatises.
See also:
Section 158 Indian Evidence Act 1872 (What matters may be proved in connection with proved statement relevant under section 32 or 33)