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Gaurav (Student)     10 June 2025

Cross examination of a witness

Learned Sirs,

Can a Witness while being cross examined keep his evidence and other material and read from it and answer to questions when being Cross examined? or will he have to stand empty handed only on the Box.

Please let me know. Reason being the Witness is now suffering from slight memory loss 



 7 Replies

R.K Nanda (Advocate)     10 June 2025

Witness can't keep written evidence to reply during cross examination .

 

Gaurav (Student)     10 June 2025

How about 

Section 159 in The Indian Evidence Act, 1872

T. Kalaiselvan, Advocate (Advocate)     10 June 2025

If a witness is asked about certain contents of the exhibited documents then he can demand the documents to verify and confirm the reply, he can read them and express his answer accordingly.

He may not be permitted to have any document in hand to reply during cross examination when he is required to let know the court about his knowledge about the case.

He may express that he doesn't remember which may not draw adverse inference.

Dr. J C Vashista (Advocate )     11 June 2025

No document can be referred except with the permission of Court to refresh memory of the witness.

What is advise of your professor / tutor / coach ?

Advocate Bhartesh goyal (advocate)     11 June 2025

Yes, Witness may not be permmitted to have any writing/documents in hand to reply questions  during his cross examination. Although witness may be given  opportunity to refresh his memory  by referring  to any writing/documents which have concern with witness. 

P. Venu (Advocate)     12 June 2025

The witness can, with the permission of the Court, can peruse the documents on record to refresh his memory.

T. Kalaiselvan, Advocate (Advocate)     13 June 2025

A witness can refer to any writing they made themselves at the time of the transaction or shortly thereafter if it's deemed likely that the transaction was still fresh in their memory. 

If a witness read a writing made by another person within the timeframe mentioned above and knew it to be correct, they can also refer to it. 

With the court's permission, a witness may refer to a copy of a document if there's a sufficient reason for not producing the original, according to the Indian Evidence Act. 

Section 159 of the Indian Evidence Act, 1872 addresses the process of refreshing a witness's memory while under examination.

 It allows a witness to use writings or copies of documents to jog their memory regarding a transaction they're being questioned about. 


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