Section 161 IEA: Right of adverse party as to writing used to refresh memory
Indian Evidence Act, 1872
Section 161 IEA at a Glance
Section 161 IEA deals with right of adverse party as to writing used to refresh memory. From 1 July 2024 it is replaced by Section 164 BSA.
Section 161 IEA Bare Act Text
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.
Source: Section 161, Indian Evidence Act, 1872
Section 161 IEA in Simple Words
Section 161 of the Indian Evidence Act, 1872 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 Act.
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 161 IEA Applies
- 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.
Example of Section 161 IEA
Section 161 IEA in the BSA
Section 161 IEA is now covered under Section 164 BSA.
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".
View detailed comparison (IEA 161 vs BSA 164) →FAQs on Section 161 IEA
What is Section 161 IEA?▼
Section 161 of the Indian Evidence Act, 1872 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 161 IEA, the writing must 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 161 IEA, 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 161 IEA in BSA?▼
Section 164 BSA. Section 161 IEA became Section 164 BSA on 1 July 2024 with no substantive change, and the same rule applies.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·