Section 55 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
๐งพ Section 55: Oral Evidence to Be Direct
Text of Section 55:
"Oral evidence shall, in all cases whatever, be direct; if it refers to,โ
(i) a fact which could be seen, it must be the evidence of a witness who says he saw it;
(ii) a fact which could be heard, it must be the evidence of a witness who says he heard it;
(iii) a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;
(iv) an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds:
Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable:
Provided further that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.
๐ Understanding Section 55
Key Principle:
Section 55 emphasizes that oral evidence must be direct, meaning it should come from a witness who has personally perceived the fact in question. This ensures the reliability and authenticity of the evidence presented in court.
Detailed Breakdown:
Subsection (i): If the fact pertains to something that could be seen, the witness must testify that they saw it.
Subsection (ii): If the fact pertains to something that could be heard, the witness must testify that they heard it.
Subsection (iii): If the fact pertains to something that could be perceived by any other sense (like smell, touch, or taste), the witness must testify that they perceived it through that sense.
Subsection (iv): If the evidence concerns an opinion or the grounds for that opinion, it must be the testimony of the person who holds that opinion and can explain the basis for it.
Provisions for Expert Opinions:
The section allows for exceptions regarding expert opinions:
First Exception: If the expert's opinion is expressed in a treatise (a written work) that is commonly offered for sale, and the expert is unavailable (due to death, incapacity, or unavailability), the treatise can be admitted as evidence.
Second Exception: If the oral evidence refers to the existence or condition of a material thing (other than a document), the court may require the production of that material thing for inspection.
โ๏ธ Importance of Section 55
Ensures Reliability: By requiring direct testimony, the section aims to present evidence that is firsthand and less likely to be distorted or influenced by hearsay.
Protects Fair Trial: It safeguards the rights of parties involved by ensuring that evidence presented is based on personal knowledge and perception.
Balances Practicality: The exceptions for expert opinions and material things provide flexibility, recognizing that in certain situations, direct testimony may not be feasible.
๐ Example to Illustrate
Scenario: A witness testifies that they saw a person at the scene of a crime.
Direct Evidence: The witness states, "I saw the person at the scene." This is direct evidence as it is based on the witness's personal observation.
Indirect Evidence: If the witness were to say, "I heard from someone else that the person was at the scene," this would be hearsay and not admissible under Section 55.
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