Refreshing Memory

We humans, sometimes tend to forget things and it is

extremely important to keep remembering the entirety
of the facts if we have been called as a witness.
Someone’s life could be at the line and our statements
may help the Court to serve justice to someone.
A witness may be under a lot of pressure and due to
all the stress, he might need to refresh his memory.
 Section 159 to 161 of the Indian Evidence Act, lay
down the provisions relating to "Refreshing
memory"
   
Section 159
Section 159 of the Evidence Act says that a witness
can refresh his memory while under examination.
He may do so by referring to an writing made by
himself at the time of the event taking place regarding
which he has been questioned, or a while later as long
as the Court considers it to be fresh in his memory.
The witness can also refer to someone else’s notes
prepared within the aforementioned time frame,
and decide whether it is correct or not.
The Section further says that the witness may use a
copy or photocopy of a document with the
permission of the Court in order to refresh his
memory.
A witness who heard a speech ma refer to his memory
by referring to a newspaper account of it if he read it
soon afterwards, and if, at the time he read it, he knew
it to be correct.
Section 160
This section states that a witness must testify to the
facts that were mentioned in any such document as
mentioned in Section 159. It is irrelevant whether he
remembers all the facts that were recorded with every
little detail as long as he is certain that the facts have
been recorded correctly by him.
The fundamental difference between Section 159
and Section 160 is that:
The former talks about the recollection of memory
and not the document. Whereas, in the latter, the
document itself becomes evidence of the facts
mentioned therein.
Section 161
This section states that any writing or document
mentioned in the last two sections above must be
produced and provided to the opposite party if
they require it.
The opposite party may cross-examine the witness
over the document if the need be. When a document
is produces under Section 161, it becomes subject to a
general inspection and cross-examination on the
portion referred to by the witness does not make the
document evidence against the cross-examiner.
  
Rule of Refreshing Memory  
Section 159 to Section 161 of the Indian Evidence Act,
provide for certain rules to enable the witnesses to
refresh their memory as follows : 
1) The witness is permitted to refer his own writing at
the time of the transaction. The Court does not
prescribe any precise time. It may allow even few
weeks, for the purpose. (Section 159). 
2) The witness is also permitted to refer the writing
made by others. He must read the writing within a
prescribed time (Section 159). 
3) The Court permits the witness to refer a copy of the
document to refresh his memory. The witness must prove
it as a true copy of the original (Section 159). 
4) An expert may refresh his memory by reference to
professional Treaties. 
5) The witness need not have specific recollection of the
facts (Section 160). 
6) The adverse party has a right to inspect the writing and
to cross examine the witness (Section 160).
 
Case law
It has been made clear in the case of Pran Dutt v.
State of Uttar Pradesh (199 AIR 523) that a
statement of record by the investigating officer such
as police reports, under Section 161 is not usable for
contradicting a witness.