significant role in evaluating the relevance of corroborative evidence and its effect on the entire case. The court should determine whether the circumstances that are under question are directly relevant and contribute meaningfully to the corroboration of the testimony of the witness.

Important points:

-It plays a significant role in strengthening the credibility of a witness's testimony. Corroborative questioning, it allows for, holds that even observations that may not directly pertain to the facts in issue, can add perspective and even credence to a witness's testimony. It allows the court to not make judgments in isolation, but instead, weigh statements made in relation to other circumstances that might have given them more weight.

-It also strengthens the judicial process because testimonies shall not be considered in isolation. Evidence from other people and other sources can also be introduced to give an overall and accurate picture of facts. This will keep the decision-making process far from being based on incompletely or unproven testimony. This way, the process of law is wholesome, fair, and credible.

Section 160: Admissibility of Former Statements for Corroboration

Section 160 of BSA, 2023 deals with the admissibility of former statements by a witness to corroborate testimony given by him concerning such fact.

It provides a provision for allowing any former statement made by a witness while testifying, provided such statement relates to the very fact which his later testimonial evidence would be sought to prove. The material requirement is that the previous statement must have been one made either contemporaneously with the event or before any legally competent authority which would be empowered to investigate that matter. This provision ensures that a witness's previous testimony can be used to corroborate their current testimony, giving it more credence.

There are two kinds of statements found in Section 160 and these may be admissible for corroboration:

- Contemporaneous Statements: Statements are given greater weight if made close to the time when the event happened, for they are likely to be true and reflect what actually transpired because they were said close in time to when the event took place.

- Statements to Authorities: Statements made to authorities that are statutorily empowered to investigate the matter at hand such as police or judicial officers are admissible irrespective of when they were made. In this respect, statements to authorities would be considered admissible and reliable evidence for purposes of corroboration notwithstanding the lapse of time in which the statements were given.

Important points:

-The primary purpose of Section 160 is to provide a mechanism for the corroboration of a witness's testimony by any former statement of such witness on the same fact, thus improving the integrity of evidence brought before the courts.

-This is particularly relevant in cases where the reliability of a witness is questioned due to gaps in time between the event and their testimony or inconsistencies in their statement. -This section strengthens the overall reliability of the witness's testimony by using earlier statements for corroboration.

Section 161: What matters may be proved in connection with proved statement relevant under section 26 and 27

Section 161 of the Bharatiya Sakshya Adhiniyam, 2023 provides a framework for the admissibility of evidence concerning statements that are considered relevant under Sections 26 and 27 of the Act. This section is crucial to understanding how confessions or statements that lead to the discovery of facts made during police investigations may be proven and assessed in court.

This section permits evidence, which would have otherwise admitted if the person who made the statement had been a witness and denied the truth of matter being cross-examined. For this reason, every single evidence, which supports the content or challenges it must be put before the courts for it to have a complete assessment on how valid the statement is.

It permits the introduction of evidence related to statements that are relevant under Sections 26 and 27 of the Act. These statements may be used to:

-Contradict or Corroborate the Statement:

Evidence may be presented to either support or challenge the accuracy and truthfulness of the statement.

-Impeach or Confirm the Credibility of the Person:

The credibility of the person who made the statement can be impeached or confirmed based on the circumstances surrounding the statement and the individual's demeanor or credibility.

Relevance under Sections 26 and 27

1. Section 26: Confessions to Police Officers

Section 26 declares that confessions before police officers are generally inadmissible except in the cases covered by the provisions for the recording of evidence. The importance of this section is in how confessions under such circumstances could be confirmed or contradicted by other evidence, to ensure that any confession that has been given under duress or without full legal safeguards will be tested for reliability.

2. Section 27: Statements Leading to the Discovery of Facts

This section allows the court to admit statements, even if they were made while the individual was in police custody, which led to the discovery of a fact. These statements may be admitted into evidence if they tend to lead to the discovery of material facts. The importance of this section lies in the fact that one can contest or defend such statements by bringing forth further evidence, including the circumstances surrounding the statements and other testimonies that may either substantiate or negate the correctness of the statement. Practical Implications

Section 162: Refreshing Memory

Section 162 of the Bharatiya Sakshya Adhiniyam, 2023 prescribes how a witness can refresh their memory at the time of trial. This section lays the essential foundation for any case wherein a witness could not recollect specific details as he would have wished.

A witness may refer to any written document he made at or around the time of the incident in order to refresh his memory, and it is permissible because the information may have become foggy for him. A provision permits the witness to seek his own writing or one prepared by another, but only after reading the latter and realizing within a reasonable time that the information in it was accurate.

If the original document is not available, the witness may be allowed to refer to a copy of the document provided that the court is satisfied with the explanation given for the nonavailability of the original. The court has to consider whether the absence of the original document is justified and reasonable.

Experts are allowed to refresh their memory by resorting to professional treatises or authoritative texts that relate to their field of expertise. This is a recognition of the expert's special knowledge and experience, which enable them to refer to relevant professional literature to recall specific details that may assist in their testimony.

Types of Documents Permissible for Refreshing Memory

-Personal notes or writing done by the witness.

-Documents prepared by other persons which a witness has read shortly after their preparation and which they believe are correct.

-Records, both public and private books of account and otherwise.

It needs to be understood that depositions taken in the course of an investigation under the CrPC, and under its sections on statements which have to be taken in criminal investigations, cannot be included under this provision and consequently cannot be allowed for the purposes of refreshing memory.

Important points:

-Section 163 supplements Section 162 by providing a situation where, at the time of the testimony, a witness does not remember an event that he or she had previously recorded to detail. In such a case, the testimony may be based on the earlier record of the witness in case he or she believed the record was correct; however, he or she could not recall the event from memory at the time of the testimony.

-The crucial sections 162 and 163 are meant for the comfort of witnesses at times that they may even fail to remember specific incidences and occurrences or facts. Under these sections, therefore, witnesses' testimonies can always improve in terms of accuracy since the judicial processes would remain based on only the best evidence available on a specific case. It would permit refreshed memories of witnesses, for refreshment by relevant documents found in these sections that tend to support the quest of justice by making testimonies as comprehensive and informed as possible.

Section 163: Testimony to facts stated in document mentioned in section 162

Section 163 expands on the framework provided by Section 162. Under Section 163, a witness can testify about facts contained in written documents even when the witness cannot recollect the facts at the time of testifying.

A witness may testify regarding facts recorded in documents referred to under Section 162, provided they assert their belief that the facts contained in the document were actually recorded.

This section is especially relevant for professionals such as book keepers, accountants, or individuals responsible for maintaining business records. Such witnesses may testify about transactions or events if they assert that the records were maintained accurately and reflect the true facts.

It establishes that even if a witness cannot remember certain information, it is not grounds to exclude them from providing evidence on documented facts; this way, testimony is made to be more comprehensive and reliable in court.

The incorporation of Sections 162 and 163 into the BSA is intended to promote quality and accuracy in testimonial evidence by permitting the reliance of witnesses on documented evidence while testifying. The mentioned sections address the issues about lapses in memory, inconsistency, and strengthen the evidentiary process while at the same time ensuring testimony is based on accurate reliable information.

Moreover, these provisions ensure that the legal system accounts for the practical realities of human memory, which can often be fallible, particularly over time. The law allows witnesses to refer to written records or documents they have previously created or encountered, thus enabling more comprehensive and reliable testimony. This helps preserve the integrity of the judicial process and supports the delivery of justice based on factual accuracy.