(1) 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:
Provided that 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.
(2) 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 that the Court be satisfied that there is sufficient reason for the non-production of the original:
Provided further that an expert may refresh his memory by reference to professional treatises.
Provided that 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.
(2) 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 that the Court be satisfied that there is sufficient reason for the non-production of the original:
Provided further that an expert may refresh his memory by reference to professional treatises.
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More sections of this act
Section 1 · Short title, application and commencement.Section 2 · Definitions.Section 3 · Evidence may be given of facts in issue and relevant facts.Section 4 · Relevancy of facts forming part of same transaction.Section 5 · Facts which are occasion, cause or effect of facts in issue or relevant facts.Section 6 · Motive, preparation and previous or subsequent conduct.Section 7 · Facts necessary to explain or introduce fact in issue or relevant facts.Section 8 · Things said or done by conspirator in reference to common design.India Code, Government of India. Text fetched 09 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.