IEA Section 159: Refreshing memory
Indian Evidence Act, 1872 · Chapter 10: The Examination Of Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
¶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 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.
Study: explanations and related material
Now BSA 162 (corresponding section). IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03), p16
Official reference: Legislative Department, Assam: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 135. Order of production and examination of witnesses
- 136. Judge to decide as to admissibility of evidence
- 137. Examination-in-chief
- 138. Order of examinations
- 139. Cross-examination of person called to produce a document
- 140. Witnesses to character
- 141. Leading questions
- 142. When they must not be asked
- 143. When they may be asked
- 144. Evidence as to matters in writing
- 145. Cross-examination as to previous statements in writing
- 146. Questions lawful in cross-examination
- 147. When witness to be compelled to answer
- 148. Court to decide when question shall be asked and when witness compelled to answer
- 149. Question not to be asked without reasonable grounds
- 150. Procedure of Court in case of question being asked without reasonable grounds
- 151. Indecent and scandalous questions
- 152. Questions intended to insult or annoy
- 153. Exclusion of evidence to contradict answers to questions testing veracity
- 154. Question by party to his own witness
- 155. Impeaching credit of witness
- 156. Question tending to corroborate evidence of relevant fact, admissible
- 157. Former statements of witness may be proved to corroborate later testimony as to same fact
- 158. What matters may be proved in connection with proved statement relevant under section 32 or 33
- 160. Testimony to facts stated in document mentioned in section 159
- 161. Right of adverse party as to writing used to refresh memory
- 162. Production of documents
- 163. Giving, as evidence, of document called for and produced on notice
- 164. Using, as evidence, of document production of which was refused on notice
- 165. Judge's power to put questions or order production
- 166. Power of jury or assessors to put questions