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Which section of the Bharatiya Sakshya Adhiniyam, 2023 allows a witness under examination to refresh…

Section 162(1) permits the witness to refresh memory from a writing made at the time of the transaction or soon enough afterwards that the court considers the memory still…

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Which section of the Bharatiya Sakshya Adhiniyam, 2023 allows a witness under examination to refresh their memory from a writing they made at the time of the transaction?

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Answer and explanation

Correct answer B

Section 162(1) permits the witness to refresh memory from a writing made at the time of the transaction or soon enough afterwards that the court considers the memory still fresh at the time of writing.

Section 163 separately addresses testifying from an accurately recorded document despite a lack of specific recollection.

Option feedback

Option A

Section 161 concerns proof that contradicts or corroborates an admitted statement under section 26 or 27, or affects its maker's credit.

Option B

Section 162 permits the described use of the witness's own contemporaneous writing.

Option C

Section 163 permits testimony to facts recorded in a document when a witness is sure they were correctly recorded, although the witness has no specific recollection.

Option D

Section 165 addresses production of documents.

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