Refreshing memory
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Summary
A witness may refresh their memory during examination by referring to a writing made by them at the time of, or soon after, the transaction if the Court thinks the memory was then fresh. They may also use a writing by another person that they read soon after and knew to be correct. With Court permission and a sufficient reason for not producing the original, a copy may be used; experts may use professional treatises.
Example
Priya, a shopkeeper, is asked in Court about a cash sale she recorded last week. To recall the details she refers to and reads from the daybook entry she made that day, and the Court allows this to refresh her memory. When the original daybook cannot be produced, the Court permits her to use a copy after she shows a sufficient reason; an expert could similarly consult a professional treatise.
Bare Act
Enacted textA 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.
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