Evidence Act · Chapter X · Of the examination of witnesses

Evidence Act section 161 in the BSA

Evidence Act 161BSA 164

Evidence Act section 161, “Right of adverse party as to writing used to refresh memory”, is now BSA section 164 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 161 to BSA 164

Now BSA section 164, with the same rule.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 161 Right of adverse party as to writing used to refresh memory

Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon.

Bharatiya Sakshya Adhiniyam, 2023

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).