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

Explanation using Example

Example 1:

Scenario: A criminal trial in an Indian court.

Context: During the trial, the prosecution's witness, Mr. Sharma, is testifying about an incident he witnessed. To refresh his memory, Mr. Sharma refers to a written statement he made to the police shortly after the incident.

Application of Section 161:

• The defense lawyer, Ms. Gupta, notices that Mr. Sharma is referring to his written statement.
• Ms. Gupta requests the court to allow her to see the written statement Mr. Sharma is using to refresh his memory.
• The judge grants the request, and the written statement is produced and shown to Ms. Gupta.
• Ms. Gupta then uses the written statement to cross-examine Mr. Sharma, questioning him about any inconsistencies or details in the statement.

Example 2:

Scenario: A civil lawsuit regarding a property dispute in an Indian court.

Context: During the trial, the plaintiff, Mr. Verma, is testifying about the details of a property transaction. To refresh his memory, Mr. Verma refers to a written agreement he had with the defendant, Mr. Singh.

Application of Section 161:

• The defendant's lawyer, Mr. Patel, observes that Mr. Verma is using the written a...

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