656 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The only condition is that the document must have been made at the time when the transaction was fresh in his mind or was read by him, if made by another person, at the time when the transaction was fresh in his memory and knew it to be correct.
A copy may be used if the original cannot be produced for reasons which satisfy the Court for its non-production.
Refreshing memory by inspecting a writing or document does not make it documentary evidence. So that a document which could be inadmissible in evidence for want of stamp would be admissible for refreshing memory.
There is a difference between referring to a writing for refreshing memory and using a document for corroboration.
A document which could not be used for corroboration can be used for refreshing.
Example : U SE OF P OLICE D IARIES
In connection with a document used for refreshing memory, it must be ascertained whether a memorandum does assist the memory or not.
The law, therefore, requires that such writing shall be produced and shown to the adverse party, if he requires it and he may cross-examine the witness thereupon, if he so desires.
8 Cal. 739 (745).
The grounds upon which the opposite party is permitted to inspect are threefold ; (i) to secure the full benefit of the witness’s recollection as to facts; (ii) to check the use of improper documents and (iii) to compare his oral testimony with his written word.
Can the adverse party compel the witness to refresh his memory by referring to the writing.
It may be very advantageous to an accused person that Police Officer should state a certain fact. The Police Officer does not recall fact and would not refresh his memory by reference to his diary.
(8 Cal. 154), (8 Cal. 739) Says he cannot be compelled.
A. 1. R, (1924) Pat. 829, Says he can be compelled.