Question

    To refresh his memory a witness may refer to a document

    ______?
    A made by himself Correct Answer Incorrect Answer
    B made by others Correct Answer Incorrect Answer
    C made by others and by giving a copy of the document as secondary evidence Correct Answer Incorrect Answer
    D C and D Correct Answer Incorrect Answer

    Solution

    Evidence Act Section 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. 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.

    Practice Next