IEA 159 to BSA 162: Refreshing memory
Section 159 IEA (1872) replaced by Section 162 BSA (2023)
IEA 159 to BSA 162 at a Glance
Section 159 IEA (Refreshing memory) is now Section 162 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 159 to BSA 162?
Section 159 of the Indian Evidence Act, 1872 became Section 162 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The two further rules are now provisos, and the side heading was dropped.
IEA 159 vs BSA 162: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 159 | 162 |
| Heading | Refreshing memory | Same |
| Sub-sections | None | 2 sub-sections |
IEA 159 and BSA 162: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 159, IEA 1872
159. 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.
BSA 2023 (in force)
Section 162, BSA 2023
162. Refreshing memory.—(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.
When It Applies: IEA 159 vs BSA 162
Under IEA 159
- A witness who is under examination in court may refresh memory by looking at a writing made by that witness when the transaction occurred, or soon enough afterwards that the court considers the transaction was likely still fresh in memory.
- A witness under examination may also refer to a writing made by another person, if the witness read it within that same period and knew it to be accurate when reading it.
- Whenever a witness is allowed to refresh memory from a document, the witness may refer to a copy of that document if the court gives permission and is satisfied that a good reason exists for not producing the original.
- An expert witness may refresh memory by consulting professional treatises.
Under BSA 162
- Under Section 162(1) BSA, a witness under examination in court may refresh memory by looking at a writing made by that witness when the transaction occurred, or soon enough afterwards that the court considers the transaction was likely still fresh in memory.
- Under the proviso to Section 162(1) BSA, a witness may also refer to a writing made by another person, if the witness read it within that same period and knew it to be accurate when reading it.
- Under Section 162(2) BSA and its proviso, a witness who may refresh memory from a document may use a copy of it if the court gives permission and is satisfied that a good reason exists for not producing the original.
- Under the further proviso to Section 162(2) BSA, an expert witness may refresh memory by consulting professional treatises.
What IEA 159 to BSA 162 Means in Practice
Section 159 IEA became Section 162 BSA on 1 July 2024 with no substantive change. The further rules on writings made by another person and on professional treatises became provisos, and the side heading on using copies was dropped. The same rule applies, and a party or witness should cite Section 162 BSA for matters governed by the BSA.
FAQs: IEA 159 to BSA 162
Did turning the further rules into provisos and dropping the side heading in Section 162 BSA change how a witness refreshes memory?▼
No. There is no substantive change between Section 159 IEA and Section 162 BSA. The rules on referring to a writing made by another person, using a copy if the court gives permission, and consulting professional treatises remain the same.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·