Refreshing memory
AI Assist
Summary
While under examination, a witness may refresh his memory by referring to a writing he made at the time of the event or so soon after that the court considers the recollection was still fresh. He may also use a writing made by another person if he read it then and knew it to be correct. The court can allow a copy if the original cannot be produced for good reason; experts may use professional treatises.
Example
Ravi runs a shop and on the day of a disputed sale he made a written note in his daybook. Months later, while testifying about that sale, he may read that note to refresh his memory. If the entry was in his assistant’s book which Ravi read then and knew to be correct, he may use it; and if the original is unavailable the court may allow a copy.
Bare Act
Enacted text(1) 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:
Provided that 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.
(2) 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 that the Court be satisfied that there is sufficient reason for the non-production of the original:
Provided further that an expert may refresh his memory by reference to professional treatises.
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