Right of adverse party as to writing used to refresh memory
Section 161 of the Indian Evidence Act, 1872 deals with 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; The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 161, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 164 Right of adverse party as to writing used to refresh memory Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rakesh Kumar Gudda vs Union Territory Of Jammu & Kashmir
Court's Decision & Legal Precedent
At the stage of framing charges under Section 228 of the Criminal Procedure Code, the court is only required to consider whether the material on record, taken on its face value, discloses the existence of all ingredients constituting the alleged offences. Even strong suspicion against the accused for commission of alleged offence is good enough to frame a charge. The court need not assess whether the evidence is sufficient for conviction. A confessional statement made by co-accused to police officer, though inadmissible against the person making it under Section 25 of the Indian Evidence Act, does not vitiate the charge if other oral and circumstantial evidence, including motive, association, and recovery of weapon pursuant to disclosure statement under Section 27, prima facie establishes involvement of the accused. Bail on medical grounds should be granted where the accused is suffering from serious medical conditions resistant to treatment and the trial has progressed sufficiently to reduce risk of witness tampering.
On this section: Statements of witnesses recorded by investigating officer; used to establish motive and association of accused
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Learned counsel for the appellant has vehemently argued before this Court that it is the right of the opposite party to pursue documents under Section 161 of the Indian Evidence Act, 1972. To bolster his submissions, he has placed reliance upon Republic of India Vs. G.A.N. Rajan & Others , 1966 SCC OnLine Ori 16. Paragraph 10 of the aforesaid judgment reads as under: "10. Having heard the counsel of both sides and having perused the records, I am of the opinion …
Questions about Section 161
What have the courts held on Section 161 of the Indian Evidence Act?
Rakesh Kumar Gudda vs Union Territory Of Jammu & Kashmir (03 Feb 2025) is the leading judgment on this section among those set out below: Statements of witnesses recorded by investigating officer; used to establish motive and association of accused.
How do I find court cases under Section 161 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 161, section 161 IEA, section 161 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Rakesh Kumar Gudda vs Union Territory Of Jammu & Kashmir (03 Feb 2025).
What should I read with Section 161 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 164 (Right of adverse party as to writing used to refresh memory), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 161 of the Indian Evidence Act come into force?
Section 161 of the Indian Evidence Act, cited as IEA 161, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.