Right of adverse party as to writing used to refresh memory
Full Text
Any writing referred to under the provisions of the two last preceding sections shall be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
Plain English Summary
Grants the opposing party the right to inspect any writing a witness used to refresh memory and cross-examine them on it.
Key Legal Elements
- Confers a statutory right to the adverse party to inspect any writing referred to by a witness to refresh memory under Sections 162 or 163.
- Requires the document to be produced and shown to the adverse party upon demand.
- Grants the adverse party the discretion to cross-examine the witness on the contents or context of that writing.
Practical Note
This is a trial advocate's secret weapon. Whenever a witness (like a doctor or a police officer) looks at a document in the witness box under Section 162 or 163, you must stand up and demand to see that document under Section 164. They are legally bound to show it to you. Inspect it immediately for three things: (1) look at the date/time of the entries to see if they were actually contemporary, (2) look at the handwriting or ink changes which might suggest the document was forged or altered later, and (3) cross-examine the witness on parts of the document they did not read out but which support your client. Be careful: if you cross-examine on a document used to refresh memory, you do not make it evidence for the other side, but you must avoid bringing in new, unfavorable facts.
हिंदी पाठ
पिछले दो पूर्वगामी धाराओं के उपबंधों के अधीन निर्देशित कोई भी लेख, यदि प्रतिपक्षी अपेक्षा करे, तो उसके समक्ष पेश किया जाएगा और दिखाया जाएगा; यदि वह चाहे तो साक्षी से उस पर प्रतिपरीक्षा कर सकेगा।