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BSA, 2023
Start Practicing
BSAChapter XSection 163
Section163

Testimony to facts stated in document mentioned in section 162

AI Assist

Summary

A witness may testify about facts written in a properly kept document even if they do not specifically remember the events, provided they are sure the entries were correctly made. This covers business books and similar records kept in the regular course of affairs. Such testimony is admissible because it rests on the witness's knowledge that the record was reliably maintained.

Example

Ravi runs a shop and keeps a daily sales ledger. He cannot recall a sale on a particular date, but he testifies that the ledger was kept daily and accurately and that the entry records that sale. Under this rule his testimony about the recorded sale is admissible even without personal recollection of the event.

Bare Act

Enacted text

A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustration.

A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

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X

Chapter X

Of Examination of Witnesses

In this chapter

  • 140Order of production and examination of witnesses
  • 141Judge to decide as to admissibility of evidence
  • 142Examination of witnesses
  • 143Order of examinations
  • 144Cross-examination of person called to produce a document
  • 145Witnesses to character
  • 146Leading questions
  • 147Evidence as to matters in writing
  • 148Cross-examination as to previous statements in writing
  • 149Questions lawful in cross-examination
  • 150When witness to be compelled to answer
  • 151Court to decide when question shall be asked and when witness compelled to answer
  • 152Question not to be asked without reasonable grounds
  • 153Procedure of Court in case of question being asked without reasonable grounds
  • 154Indecent and scandalous questions
  • 155Questions intended to insult or annoy
  • 156Exclusion of evidence to contradict answers to questions testing veracity
  • 157Question by party to his own witness
  • 158Impeaching credit of witness
  • 159Questions tending to corroborate evidence of relevant fact, admissible
  • 160Former statements of witness may be proved to corroborate later testimony as to same fact
  • 161What matters may be proved in connection with proved statement relevant under section 26 or 27
  • 162Refreshing memory
  • 163Testimony to facts stated in document mentioned in section 162
  • 164Right of adverse party as to writing used to refresh memory
  • 165Production of documents
  • 166Giving, as evidence, of document called for and produced on notice
  • 167Using, as evidence, of document production of which was refused on notice
  • 168Judge's power to put questions or order production
Previous · Section 162Refreshing memoryNext · Section 164Right of adverse party as to writing used to refresh memory