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.
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ADVERTISEMENTS:
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 correctly kept, although he has forgotten the particular transactions entered.
Comments:
Principle:
ADVERTISEMENTS:
Under section 159 a witness can recollect the facts relating to transaction only after reading the document what has been written. The Section 160 on the other hand provides for cases where the witness has no specific means of recollection of facts contained therein due to lapse of memory, but he is confident about the correctness of the document after referring to the writing, or signature he is sure that the contents of the document were correctly recorded in it. Under this section “a document may be used as the refresher of memory.” When a witness has been given facilities for refreshing memory to any document, the adverse party has right the document to be shown to him and to cross-examine the witness.
Documents used for refreshing memory:
Under section 159 a witness can refresh his memory by looking at the document and can give evidence. On the other hand, under section 160 a reference to the writing revives in the witness’s mind a recollection of facts relating to the transaction. As soon as he looks at the writing he remembers the facts. Here the document itself is tendered and used as evidence. Full shorthand transcripts made by those who heard the speeches can be used to refresh their memory. The special diary may be used by the police officer to refresh memory.