Section 162 BSA: Refreshing memory
Bharatiya Sakshya Adhiniyam, 2023
Section 162 BSA at a Glance
Section 162 BSA deals with refreshing memory. It replaced Section 159 IEA on 1 July 2024.
Section 162 BSA Bare Act Text
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.
Source: Section 162, Bharatiya Sakshya Adhiniyam, 2023
Section 162 BSA in Simple Words
Section 162 of the Bharatiya Sakshya Adhiniyam, 2023 lets a witness look at a writing while being questioned in court to refresh memory. Under Section 162(1) BSA, the witness may use a writing made by that witness when the transaction took place, or soon afterwards if the court considers the transaction was likely still fresh in memory.
Under the proviso to Section 162(1) BSA, a witness may also use a writing prepared by another person. The witness must have read that writing within the same timeframe and known it to be accurate when reading it.
Under Section 162(2) BSA, if the court gives permission, a witness may use a copy of a document to refresh memory. The proviso to Section 162(2) BSA requires that the court be satisfied that a sufficient reason exists for not producing the original document.
Under the further proviso to Section 162(2) BSA, an expert may refresh memory by consulting professional treatises (specialist books or reference works).
When Section 162 BSA Applies
- 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.
Example of Section 162 BSA
When Section 162 BSA Does Not Apply
- Under the proviso to Section 162(2) BSA, a witness may not use a copy of a document to refresh memory unless the court gives permission and is satisfied that a sufficient reason exists for not producing the original.
- Under the proviso to Section 162(1) BSA, a witness may not refer to a writing made by another person unless the witness read it within the required time and knew it to be correct when reading it.
Section 162 BSA in the IEA (Previous Law)
Section 162 BSA replaces Section 159 IEA from the old criminal code.
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.
FAQs on Section 162 BSA
What is Section 162 BSA?▼
Section 162 of the Bharatiya Sakshya Adhiniyam, 2023 lets a witness under examination in court refresh memory by referring to a writing made when the transaction took place or while it was still likely fresh in memory. It also sets out provisos for writings made by another person, copies of documents, and professional treatises used by experts.
When can a witness use a writing prepared by another person under Section 162(1) BSA?▼
Under the proviso to Section 162(1) BSA, a witness may use a writing made by another person if the witness read it when the transaction took place or while the transaction was still likely fresh in memory. The witness must have known the writing to be accurate when reading it.
When can a witness use a copy of a document to refresh memory under Section 162(2) BSA?▼
If the court gives permission, a witness may refer to a copy whenever the witness could have refreshed memory from the original document. Under the proviso to Section 162(2) BSA, the court must be satisfied that a sufficient reason exists for not producing the original.
Can an expert refer to professional books while under examination under Section 162(2) BSA?▼
Yes. Under the further proviso to Section 162(2) BSA, an expert may refresh memory by referring to professional treatises.
What is Section 162 BSA in IEA?▼
Section 159 IEA. Section 159 IEA became Section 162 BSA on 1 July 2024 with no substantive change, with the further rules turned into provisos and the side heading dropped.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·