Indian Evidence Act, 1872
IEA Section 159 in BSA
Refreshing memory. Section 159 of the Indian Evidence Act, 1872 (Refreshing memory) corresponds to Section 162 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Statement I: A witness may refresh his memory from a document written by him at the time of the transaction. Statement II: The adverse party is entitled to see that document and to cross-examine on it. Which is correct?
Answer & explanation
Both Statements I and II are true
§ 162 BSA permits refreshing memory; § 164 gives the opposite party the right to inspect and cross-examine on the writing.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 154 | Question by party to his own witness | 157 |
| 155 | Impeaching credit of witness | 158 |
| 157 | Former statements of witness may be proved to corroborate | 160 |
| 165 | Judge's power to put questions or order production | 168 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table