REFRESHING MEMORY

157. Former statements of witness may be proved to corroborate later testimony as to same fact.

In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.

158. What matters may be proved in connection with proved statement relevant under Section 32 or 33.

Whenever any statement relevant under Section 32 or 33 is proved, all matters may be proved either in order to contradict or to corroborate, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.

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 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 time aforesaid, if when he read it he knew it to be correct.

Law Note: What Is Refreshing Memory Under Evidence Act

When witness may use copy of document to refresh his 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.

Objection to check records not legal-

Objection to check records or entries by investigating officer is not legal and liable to be rejected.
Related Case- State of Karnataka v. K. Yanappa Reddy 2000.

160. Testimony to facts stated in document mentioned in Section 159.

A witness may also testify to facts mentioned in any such document as is mentioned in Section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustration-
A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were kept correctly although he has forgotten the particular transactions entered.

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

Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness there upon.

162. Production of document.

A witness summoned to produce a document shall, if it is in his possession or power, bring it to the Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.
The Court, if it sees, fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.

Translation of documents-

If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under Section 166 of the Indian Penal Code.

163. Giving as evidence, of document called for and produced on notice.

When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.

164. Using, as evidence, of document, production of which was refused on notice.

When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court.

Illustration-
A sues B on an agreement and gives B notice to produce it. At the trail, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.

165. Judge’s power to put questions or order production.

The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, The Orient Tavern cross-examine any witness upon any answer given in reply to any such question;

Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved;

Provided also that this Section shall not authorise an Judge to compel any witness to answer any question or produce any document which such witness would be entitled to refuse to answer or produce under Sections 121 to 131, both inclusive, if the questions were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under Section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases herein before excepted.

Powers of Court to put question-

The judge cannot ask questions which may confuse or intimidate the witness.
Related Case- Sidhartha Vashist v. Delhi 2010

166. Power of jury or assessors to put questions.

In cases tried by jury or with assessors, the jury or assessors may put any question to the witnesses, through or by leave of the Judge, which the judge himself might put and which he considers proper.

Now let us go to last Chapter of this act that is Chapter XI. This chapter only has one section!

Next,
Chapter XI Section 167 – No new trail for improper admission or rejection of evidence→

BEST BOOKS FOR INDIAN EVIDENCE ACT
Evidence Act by Batuk Lal
Evidence Act by KD Gaur
Evidence Act by Dr V Nageswara Rao
Evidence Act by BM Prasad
Evidence Act by Shakil Ahmad Khan
Evidence Act Bare Act