INTRODUCTION
Witness testimony plays a crucial role in legal proceedings, and to be an effective witness, one must accurately recall and communicate facts. Sections 159 and 160 of the Indian Evidence Act address the concept of Refreshing a Witness’s Memory to ensure the accuracy of their testimony. This process involves-
- Present recollection (Section 159) and
- Past recollection (Section 160).
SECTION 159 : PRESENT RECOLLECTION
- Refreshing Memory with Writing :-In cases of present recollection, a witness can either vividly remember the fact they need to state or refresh their memory using a written document.
- The Witness’s Own Writing :- Section 159 allows a witness, while under examination, to refresh their memory by referring to a document they created at the time of the event or shortly thereafter. This ensures that the event was fresh in their memory.
- Third-party Documents :-Even documents prepared by others are admissible for memory refreshment if the witness read them soon after their creation and knew them to be correct.
- Copy of Documents :– Witnesses can also refresh their memory by looking at a copy of a document, with the court’s permission, especially if the original document cannot be produced. Experts can also rely on professional treatises.
DOCUMENTS USED FOR REFRESHING MEMORY
- Broad Range of Documents :-Section 159 does not specify the type of documents that can be used for refreshing a witness’s memory. Any document meeting the conditions of this section can serve this purpose, including account books, private notebooks, horoscopes, and more.
- Exclusion of Certain Statements:- However, statements made during investigations and reduced to writing, like those under Section 161 of the CrPC or case diaries, are not permissible for refreshing memory due to Section 162 of the CrPC.
SECTION 160 : PAST RECOLLECTION
- Recollecting Past Events :-Section 160 addresses past recollection when the witness cannot presently remember the observed fact but had a sufficient recollection at a prior time when it was recorded accurately.
- Testifying from Recorded Facts :- Witnesses can testify to facts mentioned in documents referred to in Section 159, provided they believe the document’s contents were correctly recorded. For example, a bookkeeper can testify about transactions recorded in business books if they are confident in the accuracy of the record, even if they have forgotten specific transactions.
In conclusion, Sections 159 and 160 of the Indian Evidence Act serve as invaluable tools in the legal system to help witnesses recall and provide accurate testimony. Section 159 permits witnesses to refer to documents, whether self-created or from others, to Refresh their memory while testifying in court. This provision ensures that witnesses can offer more precise and reliable evidence, ultimately contributing to the pursuit of truth and justice within the Indian legal framework. However, it is imperative to uphold transparency and follow the procedural guidelines outlined in the Act to ensure the fair and proper use of this mechanism in the courtroom.
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