Refreshing memory.

What this section does

A witness under examination may refresh memory by referring to a writing made by himself at the time of the transaction, or so soon after that the court considers the transaction was then fresh in his memory; he may also refer to a writing made by another person if he read it at that time and knew it to be correct. With court permission, a copy may be used if there is sufficient reason for non-production of the original. An expert may additionally refresh memory by reference to professional treatises.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

A witness may refresh memory from a contemporaneous writing, or a copy thereof with court leave, and an expert may use professional treatises.

When it applies

• A police officer who recorded an FIR may refer to it while testifying about the complaint, as it was made at the time of the transaction.
• An expert witness may refer to a standard medical textbook to refresh memory on a technical point while giving evidence.

Derived from IEA s.159.