Section 163 Bharatiya Sakshya Adhiniyam, 2023: Testimony to facts stated in document mentioned in section 162

Section 163 of Bharatiya Sakshya Adhiniyam, 2023: Testimony to facts stated in document mentioned in section 162

Official Bare Act Text

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A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

Illustrations

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 163

Section 163 governs refreshing memory by reference to documents, permitting a witness under examination to refresh their memory by referring to any writing made by themselves at the time of the transaction, or made by another and read by the witness within that time.

Contemporaneous Writing: The writing must have been made at the time of the transaction, or so soon afterwards that the transaction was fresh in the witness's memory.
Professional Books & Experts: An expert may refresh their memory by reference to professional treatises, clinical case sheets, or post-mortem notes.
Witness Testimony on Belief: Section 163 permits the witness to testify to facts stated in the document even if they have no specific recollection, provided they are sure the facts were correctly recorded.

Key Landmark Precedents:

State of Karnataka v. K. Yarappa Reddy (1999) 8 SCC 715: The Supreme Court held that a medical officer who conducted a post-mortem or an investigating officer who prepared a seizure memo is entitled to refresh their memory under Section 159 IEA (Section 163 BSA) from their contemporaneous records.
J.M. Construction v. State of Gujarat (2000): Affirmed that engineers and accountants can refer to contemporaneous site measurement books and audit ledgers while deposing.

Courtroom Practice & Strategic Litigation Guidance:

When examining doctors, investigating officers, or forensic auditors, have the original case diary or post-mortem report placed before them: ask 'Do you wish to refresh your memory from the record prepared by you at the time?' and proceed under Section 163.