Saturday, January 26, 2013

WHEN GOING FOR EVIDENCE IN COURT

SEC 159 INDIAN EVIDENCE ACT 1872


159.
Refreshing memory.
When witness may use copy of document to refresh memory.
     159. Refreshing  memory. A  witness may, while under examination,
refresh his  memory by referring to any writing made by himself at the
time of  the transaction concerning which he is questioned, or so soon
afterwards that
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the  Court  considers it likely that the transaction was at that  time
fresh  in his memory.  The witness may also refer to any such  writing
made  by  any  other person, and read by the witness within  the  time
aforesaid, if when he read it he knew it to be correct.
When witness may use copy of document to refresh memory.
     Whenever a  witness may  refresh his  memory by  reference to any
document, he may, with the permission of the Court, refer to a copy of
such document:
     Provided the  Court be  satisfied that there is sufficient reason
for the non-production of the original.
     An expert  may refresh  his memory  by reference  to professional
treatises.

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