Right of adverse party as to writing used to refresh memory
AI Assist
Summary
When a witness uses a writing to refresh memory during examination, that writing must be produced and shown to the adverse party if requested. The adverse party may then, if they wish, cross-examine the witness about the writing. This lets the other side test any refreshed recollection.
Example
Priya is called to give evidence about a shop sale and glances at a short note she had made to remember dates. The defence asks to see the note and the court directs Priya to produce it. The defence then cross-examines Priya about the note's contents.
Bare Act
Enacted textAny writing referred to under the provisions of the two last preceding sections shall be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
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