IEA 161 to BSA 164: Right of adverse party as to writing used to refresh memory
Section 161 IEA (1872) replaced by Section 164 BSA (2023)
IEA 161 to BSA 164 at a Glance
Section 161 IEA (Right of adverse party as to writing used to refresh memory) is now Section 164 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 161 to BSA 164?
Section 161 of the Indian Evidence Act, 1872 became Section 164 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Must" reads "shall".
IEA 161 vs BSA 164: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 161 | 164 |
| Heading | Right of adverse party as to writing used to refresh memory | Same |
IEA 161 and BSA 164: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 161, IEA 1872
161. Right of adverse party as to writing used to refresh memory.—Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
BSA 2023 (in force)
Section 164, BSA 2023
164. Right of adverse party as to writing used to refresh memory.—Any 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.
When It Applies: IEA 161 vs BSA 164
Under IEA 161
- A witness refers to a writing used to refresh memory under the two preceding sections of the Act.
- If the opposing side asks for that writing, it must be brought out and shown to the opposing side.
- The opposing side may then choose to cross-examine the witness about that writing.
Under BSA 164
- A witness refers to a writing used to refresh memory under the two preceding sections of the Adhiniyam.
- If the opposing side asks for that writing, it has to be brought out and shown to the opposing side.
- The opposing side may then choose to cross-examine the witness about that writing.
What IEA 161 to BSA 164 Means in Practice
Section 161 IEA became Section 164 BSA on 1 July 2024 with no substantive change. The same rule applies, and a person in court should cite Section 164 BSA for matters governed by the Adhiniyam.
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 ·