Section 164 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 164 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 addresses the rights of the opposing party concerning writings used by a witness to refresh their memory during testimony.(snappar.com)
📜 Text of Section 164
Section 164 – Right of Adverse Party as to Writing Used to Refresh Memory
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.
⚖️ Legal Significance
Transparency in Testimony: This provision ensures that if a witness uses a document to refresh their memory during testimony, the opposing party has the right to examine that document.
Fair Cross-Examination: By allowing access to such writings, the law facilitates a fair cross-examination process, enabling the opposing party to challenge the witness's testimony effectively.
🧾 Practical Application
During Trial: If a witness refers to a document to recall specific details, the opposing party can request to see that document.
Cross-Examination: Upon reviewing the document, the opposing party may use it to question the witness's credibility or the accuracy of their testimony.
🧭 Summary
Purpose: To uphold the right of the opposing party to examine writings that a witness uses to refresh their memory, ensuring transparency and fairness in legal proceedings.(snappar.com)
Scope: Applies to any writing referred to under the provisions of the preceding sections that a witness uses during testimony.(sudhirrao.com)
Outcome: Empowers the opposing party to cross-examine the witness effectively, contributing to a just legal process.
Section 164 of the BSA, 2023, reinforces the principles of fairness and transparency in legal proceedings, ensuring that all parties have equal access to materials that may influence the outcome of a case.
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