BSA §162
(1) A witness may, while under examination, refresh his memory by referring to Refreshing...
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Comparison
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 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.
162.
(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.
What changedAI-inferred
Refreshing memory.
Old position
IEA 159 is concerned with Refreshing memory. When witness may use copy of document to refresh memory. Refreshing memory
New position
BSA 165 preserves the framework with drafting modernisations as required by the new code. Topic: (1)Awitness summoned to produce a document shall, if it is in his.. Awitness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility: Provided that the validity of any such
BSA 165 ((1)Awitness summoned to produce a document shall, if it is in his.) preserves the framework of IEA 159. BSA 165 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 165 text: Awitness...
Editorial deltaAI-indicated (source-linked)
BSA-162 reproduces the operative content of IEA-159 (Refreshing memory. When witness may use copy of document to refresh memory) with text-overlap 0.83 on the supplied bare-act extracts. The original PRS-chart-based pairing (BSA-165) appears to have been a parsing artifact: text-comparison shows that destination has a different topic. The corrected pairing reflects the actual section-content correspondence. Cross-references may need to be remapped per locked doctrine #11.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 159 continues to apply. For matters from that date forward, BSA 165 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 165 ((1)Awitness summoned to produce a document shall, if it is in his.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §159 → BSA §162 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/162.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.