Section 160 IEA: Testimony to facts stated in document mentioned in section 159

Indian Evidence Act, 1872

Section 160 IEA at a Glance

Section 160 IEA deals with testimony to facts stated in document mentioned in section 159. From 1 July 2024 it is replaced by Section 163 BSA.

Now BSA

Section 163 →

Section 160 IEA Bare Act Text

160. Testimony to facts stated in document mentioned in section 159

A witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustration

A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

Source: Section 160, Indian Evidence Act, 1872

Section 160 IEA in Simple Words

Section 160 of the Indian Evidence Act, 1872 lets a witness give evidence in court about facts written in certain documents, even when the witness does not remember the specific facts. To do so, the witness must be sure that the facts were accurately written in that document.

The rule covers documents described in Section 159 IEA for refreshing memory during examination. That includes a writing made by the witness when the transaction took place, or soon enough after it that the court thinks the matter was likely still fresh in memory. It also covers a writing made by another person, if the witness read it within that period and knew then that it was accurate. With the permission of the court, a witness may use a copy when the court is satisfied there is a good reason for not bringing the original, and an expert may use professional treatises (specialist books).

For instance, a book-keeper may forget specific transactions entered in business books kept regularly during work. Under Section 160 IEA, the book-keeper may still testify to those recorded facts if the book-keeper knows that the books were kept accurately.

When Section 160 IEA Applies

  • A witness is giving evidence about facts written in a document of the kind covered by Section 159 IEA.
  • The witness has forgotten the specific facts or transactions recorded in that document.
  • The witness is certain that the facts were accurately written down in the document.

Example of Section 160 IEA

In 2022, Ramesh works as a warehouse supervisor in Pune and inspects a damaged shipment of grain upon arrival. During the inspection, Ramesh writes down the condition of every sack in an inspection log while checking the shipment. At a trial in Pune over the damaged grain, the supervisor does not remember the condition of the individual sacks. Because Ramesh is sure that the log was recorded accurately, Section 160 IEA lets the supervisor testify to the facts written in that log about the damaged grain.

Section 160 IEA in the BSA

Section 160 IEA is now covered under Section 163 BSA.

Section 160 of the Indian Evidence Act, 1872 became Section 163 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the section numbers it cites were updated.

View detailed comparison (IEA 160 vs BSA 163) →

FAQs on Section 160 IEA

What is Section 160 IEA?▼

Section 160 of the Indian Evidence Act, 1872 is the rule that lets a witness testify to facts recorded in a document covered by Section 159 IEA even when the witness has forgotten the specific facts. The witness must be sure that the facts were accurately written in the document.

Can a witness testify to facts in a document after forgetting the specific transaction?▼

Yes. Under Section 160 IEA, a witness who has forgotten the specific details may still testify to the facts from a document covered by Section 159 IEA. The witness has to be sure that the facts were accurately recorded in that document.

Does Section 160 IEA apply to a document written by another person?▼

Yes. Section 160 IEA covers any document mentioned in Section 159 IEA, which includes a writing made by another person while the transaction was likely fresh in the memory of the witness. The witness must have read that writing within that period and known then that it was accurate.

What is Section 160 IEA in BSA?▼

Section 163 BSA. Section 160 IEA became Section 163 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, Indian Evidence Act, 1872 ·