Oral Evidence, under the Indian Evidence Act
Oral Evidence under the Indian Evidence Act
Definition:
Oral evidence means all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry. It is distinguished from documentary evidence.
Relevant Provisions:
Section 59 of the Indian Evidence Act defines oral evidence.
Section 60 states the general rule that oral evidence must be direct, i.e., it must relate to facts which the witness personally perceived (by their own senses).
Section 61 to 65 detail circumstances where oral evidence can be used to prove contents of documents or other exceptions.
Key Features:
Primary Mode of Proof for Facts
Oral evidence is the primary mode to prove facts unless the law specifically requires written or documentary evidence.
Direct Evidence
According to Section 60, oral evidence must be direct and cannot be hearsay (i.e., what the witness personally saw, heard, or experienced).
No Proof of Facts by Secondary Evidence Alone
Facts that can be proved by oral evidence should not be proved by secondary evidence unless oral evidence is not available or admissible.
Exceptions to Oral Evidence
Certain facts can be proved by secondary or circumstantial evidence where oral evidence is inadmissible or insufficient, such as:
Contents of documents (proved by secondary evidence if originals are unavailable, Sections 61-65).
Facts of a public nature.
Facts relating to the existence of laws.
Types of Oral Evidence:
Direct Evidence: Witness testifies on facts they personally observed.
Hearsay Evidence: Statements made outside court, usually inadmissible unless under exceptions.
Expert Evidence: Opinions given by expert witnesses based on their expertise (considered oral evidence).
Importance in Trial:
Oral evidence allows the court to assess credibility, demeanor, and truthfulness of witnesses.
It helps in proving facts in dispute.
The party relying on oral evidence must produce witnesses who can testify to the facts.
Example:
If a witness testifies in court that they saw the accused at the scene of the crime, this is oral evidence. But if the witness says, "I heard from someone else that the accused was there," that is hearsay and generally not admissible under Section 60.
Summary Table:
| Aspect | Description |
|---|---|
| Definition | Statements made by witnesses in court |
| Governing Sections | Sections 59 to 65 of the Indian Evidence Act |
| Must be Direct | Yes, witness must testify from personal knowledge (Sec. 60) |
| Hearsay | Generally inadmissible unless exception applies |
| Use | To prove facts in issue |
| Exception | Secondary evidence allowed when originals unavailable |
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