Right of adverse party as to writing used to refresh memory.

What this section does

Any writing used by a witness to refresh memory under sections 162 or 163 must be produced and shown to the adverse party on demand. The adverse party is then entitled to cross-examine the witness on the contents of that writing. This provision safeguards the opposing party's right to test the reliability of the memory-refreshing document.

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

The rule in one line

A document used to refresh a witness's memory must be shown to the adverse party, who may cross-examine on it.

When it applies

• If a witness refreshes memory from a diary, the opposing counsel may demand to see the diary and cross-examine the witness on its entries.
• Where an expert refers to a treatise, the adverse party may inspect it and question the witness on the passages relied upon.

Derived from IEA s.161.