Bharatiya Sakshya Adhiniyam, 2023 - Chapter X

Section 163 BSA: Testimony to Facts Stated in a Document Mentioned in Section 162

Section 163 of the Bharatiya Sakshya Adhiniyam, 2023 permits a witness, in specified circumstances, to testify to facts recorded in a document referred to in Section 162 even when the witness no longer has a specific recollection of those facts. The essential safeguard is that the witness must be sure that the facts were correctly recorded in the document.

Bare Provision of Section 163 BSA

Meaning of Section 163

Section 163 deals with a situation in which the witness cannot independently remember the particular transaction or event, but can vouch for the accuracy of a contemporaneous record falling within Section 162. The provision therefore distinguishes between present recollection of the event and reliable knowledge that the record was correctly made or kept.

Essential requirements

• The testimony must concern facts contained in a document of the kind contemplated by Section 162.
• The witness may lack specific recollection of the underlying facts.
• The witness must nevertheless be sure that the facts were correctly recorded in that document.
• The testimony remains subject to the ordinary rules governing examination and cross-examination of witnesses.

Connection with Section 162 - Refreshing Memory

Section 162 BSA permits a witness, while under examination, to refresh memory by referring to certain writings made at the time of the transaction or sufficiently soon afterwards. It also permits, subject to the statutory conditions, reference to a writing made by another person, a copy of the document with the Court's permission, and professional treatises by an expert.

Section 163 goes a step further. Even if consulting the document does not revive a specific recollection, the witness may still testify to the recorded facts when the witness is sure that they were correctly recorded.

Right of the Adverse Party under Section 164

The safeguard in Section 164 BSA is important. A writing referred to under Sections 162 and 163 must be produced and shown to the adverse party if required, and the adverse party may cross-examine the witness on that writing.

Practical Effect of Section 163

The statutory illustration uses a book-keeper who no longer remembers an individual transaction but knows that the books were correctly kept. Similar issues can arise where witnesses deal with a large number of routine transactions and later testify from reliable contemporaneous records.

Whether the requirements are satisfied will depend on the witness's evidence about the document, the manner in which it was prepared or kept, and the Court's assessment of the testimony in the circumstances of the case.

Related BSA Provisions

• Section 161 - Matters that may be proved in connection with a proved statement relevant under Section 26 or 27
• Section 162 - Refreshing memory
• Section 164 - Right of adverse party as to writing used to refresh memory
• Section 165 - Production of documents
• Section 166 - Giving as evidence a document called for and produced on notice
• Section 167 - Using as evidence a document whose production was refused on notice
• Section 168 - Judge's power to put questions or order production
• Section 169 - No new trial for improper admission or rejection of evidence
• Section 170 - Repeal and savings

Official Legal Sources

For the authoritative text and current statutory material, consult the official India Code page for the Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs - New Criminal Laws resource page.

Last reviewed: 13 September 2026.