Section 164 BSA: Right of adverse party as to writing used to refresh memory

Bharatiya Sakshya Adhiniyam, 2023

Section 164 BSA at a Glance

Section 164 BSA deals with right of adverse party as to writing used to refresh memory. It replaced Section 161 IEA on 1 July 2024.

Was IEA

Section 161 →

Section 164 BSA Bare Act Text

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.

Source: Section 164, Bharatiya Sakshya Adhiniyam, 2023

Section 164 BSA in Simple Words

Section 164 of the Bharatiya Sakshya Adhiniyam, 2023 gives the adverse party (the opposing side in a case) rights over a writing used by a witness to refresh memory. The rule covers any writing that a witness refers to under the two preceding sections of the Adhiniyam.

If the opposing side asks for the writing, that writing must be brought out and handed over so the opposing side can inspect it. The duty to produce and show the writing arises when the opposing side asks for it.

After the writing is shown, the opposing side may cross-examine (question a witness called by the other side) the witness about that writing. Cross-examining the witness on the writing is optional and happens if the opposing side chooses to do so.

When Section 164 BSA Applies

  • 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.

Example of Section 164 BSA

In 2025, during a trial in Jaipur over a cargo delivery, Priya testifies as a witness and refers to a dispatch notebook to refresh memory under the two preceding sections of the Adhiniyam. Ramesh, the opposing party in the cargo delivery dispute, asks to see that dispatch notebook. Under Section 164 BSA, the dispatch notebook has to be brought out and shown to Ramesh upon that request. Ramesh may then choose to cross-examine Priya about the notes in that dispatch notebook.

Section 164 BSA in the IEA (Previous Law)

Section 164 BSA replaces Section 161 IEA from the old criminal code.

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".

FAQs on Section 164 BSA

What is Section 164 BSA?▼

Section 164 of the Bharatiya Sakshya Adhiniyam, 2023 gives the opposing party the right to inspect any writing that a witness refers to for refreshing memory under the two preceding sections. The opposing party may also cross-examine the witness on that writing.

Does a writing used to refresh memory have to be shown if the opposing party does not ask for it?▼

No. Under Section 164 BSA, the writing has to be brought out and shown to the opposing party if the opposing party requires it.

Is the opposing party required to cross-examine the witness after seeing the writing?▼

No. Under Section 164 BSA, cross-examination on the writing is optional, and the opposing party may cross-examine the witness on it if the opposing party chooses to do so.

What is Section 164 BSA in IEA?▼

Section 161 IEA. Section 161 IEA became Section 164 BSA on 1 July 2024 with no substantive change, and the same rule applies.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·