Correct option is C
The correct answer is
(c) Section 159. Section 159 of the Indian Evidence Act, 1872, deals with the concept of "refreshing memory." This provision allows a witness to refer to any writing made by them at the time of the event or soon after, or to any document which is admissible, to refresh their memory while giving testimony in court.
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Explanation:
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Section 159 I.E.A.: This Section permits a witness, while testifying, to refresh their memory by referring to notes, documents, or other writings made at the time of the event or soon thereafter. The purpose is to aid the witness in accurately recalling facts during their testimony. However, the document referred to must itself be admissible in evidence.
Information Booster:
1.
Refreshing Memory: Allows witnesses to ensure the accuracy of their testimony by referring to contemporaneous notes or documents.
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Admissibility: The writing or document used to refresh memory must be admissible as evidence; otherwise, it cannot be used for this purpose.
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Application: This provision is commonly used in both civil and criminal trials when a witness's recollection may need support due to the passage of time.
Additional Information:
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Section 161 (a): Relates to the cross-examination of a witness who has referred to a document to refresh memory and how the document can be used in cross-examination.
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Section 160 (b): Deals with the right of adverse parties to inspect any document referred to by a witness to refresh memory, but it does not directly relate to the act of refreshing memory itself.
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Section 158 (d): Relates to the use of statements to corroborate or contradict a witness, rather than refreshing memory.
