Overview on Question Tending to Corroboration, Former Statement as Corroboration,

and Refreshing Memory.

Abstract:
This research report examines the legal principles of question tending to corroboration,
former statements as corroboration, and refreshing memory as prescribed under the Indian
Evidence Act, 1872. The study aims to explore the judicial interpretations and practical
applications of these provisions in the Indian legal system. It also analyses relevant case laws
and provides recommendations for a more effective legal framework.
Keywords:
Indian Evidence Act, corroboration, former statement, refreshing memory, legal evidence,
judicial interpretation, witness testimony
Introduction:
The credibility of witness testimony is pivotal in legal proceedings. The Indian Evidence Act,
1872, provides specific provisions to ensure the reliability of testimony through corroboration
and refreshing memory. This research delves into the importance and application of these
principles within the Indian judicial framework.
Aim of the Study:
The primary aim of this study is to analyse the role of corroboration, the use of former
statements, and the principle of refreshing memory in enhancing the credibility and accuracy
of witness testimony under the Indian Evidence Act.
Objectives and Scope of the Study:
1. To understand the legal framework governing corroboration and memory refreshing
under the Indian Evidence Act.
2. To examine judicial interpretations of these provisions.
3. To analyse relevant case laws.
4. To suggest reforms for improving the reliability of witness testimony.
Hypothesis:
It is hypothesized that the effective implementation of corroboration and refreshing memory
provisions under the Indian Evidence Act enhances the credibility and reliability of witness
testimony, thereby strengthening the justice system.
Research Design:
The study adopts a qualitative research methodology, analysing statutory provisions, judicial
pronouncements, and scholarly commentaries. A doctrinal approach is employed, involving a
comprehensive review of primary and secondary legal sources.
Literature Review:
Several legal scholars have explored the principles of corroboration and memory refreshing
under the Indian Evidence Act. Previous research highlights the significance of these
provisions in ensuring judicial fairness. The study reviews key legal commentaries and
judicial decisions that shape the interpretation of these provisions.
Result and Discussion:
Question Tending to Corroboration:
Section 156 of the Indian Evidence Act allows questions to be put to a witness to corroborate
their testimony. Judicial precedents illustrate its role in validating witness statements.
Former Statement as Corroboration:
Section 157 permits a witness’s prior statements to be used for corroboration, provided they
were made at or around the time of the event in question. The courts have interpreted this
provision to enhance testimonial reliability.
Refreshing Memory:
Section 159 and 160 enable a witness to refer to documents to refresh their memory during
testimony. This principle ensures accuracy and prevents memory lapses from affecting
judicial outcomes.
Case Study:
Rameshwar v. State of Rajasthan (1952)
In the case of Rameshwar v. State of Rajasthan (1952), the Supreme Court of India
examined the admissibility of evidence and the credibility of child witnesses in a rape case
involving an eight-year-old girl.
Witness Name Witness Evidence Admissible Reason for Statement
Type Presented (Yes/No) Admissibility/Non- Made
Admissibility
PW1 Victim Child Testimony Yes The court The victim
(Name not Witness regarding determined that testified
specified) the alleged the victim's about the
rape incident testimony was assault,
credible and identifying
admissible, despite the accused
her being a child, and
as she was able to describing
understand the the events
questions and leading up to
provide coherent and
answers. following the
incident.
PW2 Mother of Supporting Statement Yes The statement was The mother
the Victim Witness made by the considered testified that
victim to her admissible under the victim
mother Section 157 of the informed her
shortly after Indian Evidence about the
the incident Act, as it was made assault
"at or about the shortly after
time when the fact it occurred.
 took place," and
before there was
an opportunity for
tutoring or
concoction.
PW3 Medical Expert Medical Yes The medical report The medical
Officer Witness examination was admissible as officer
report it was prepared by confirmed
confirming a qualified medical the presence
signs of professional and of injuries
sexual was relevant to consistent
assault establishing the with sexual
occurrence of the assault.
crime.
PW4 Police Officer Investigating Report on Yes The police report The police
Officer the was admissible as officer
investigation, it documented the detailed the
including the investigation steps taken
arrest of the process and was during the
accused and relevant to investigation,
recovery of establishing the including the
evidence chain of events arrest of the
leading to the accused and
arrest. collection of
evidence.
RW1 Accused Defendant Denial of the Yes The accused's The accused
(Rameshwar) charges statement was denied the
admissible as part allegations,
of his defence, claiming he
allowing him to was not
present his version present at
of events. the scene
and had no
knowledge
of the
incident.

Suggestions:
1. Legal reforms to clarify the scope of corroborative questions.
2. Judicial training on the application of these provisions.
3. Enhanced guidelines for refreshing memory using documentary evidence.
4. Increased awareness among legal practitioners about corroborative principles.
Reference: