Sections 54 and 55 of the Bharatiya Sakshya Adhiniyam,2023(BSA) describes how oral evidence should be dealt in a court.By understanding these sections helps to know that the evidence presented before the court is both relevant and reliable.
What is Oral Evidence?
Oral evidence means the testimony from witnesses who describe what they have seen, heard, or perceived from their senses.Unlike documentary evidence, which completely depends upon written records, oral evidence is based upon personal observations and experiences of a person. Sections 54 and 55 of BSA tells us how this type of evidence should be used in court.
Oral Evidence made by the witnesses means statements allowed or mandated by the court, regarding factual matters under investigation. This concept is outlined in Section 125 of BSA, which allows witnesses who cannot speak to provide comprehensible evidence through writing or gestures within the courtroom.
Key Components
1.SECTION 54 of BSA– This section stipulates that all facts, with the exception of document contents, need to be proven through oral testimony.(Earlier Section 59 of IEA)
2.SECTION 55 of BSA:- This section establishes the Principle of Best Evidence, requiring that Oral Evidence should always be firsthand or direct. It also enforces the rule against hearsay evidence, emphasizing that only direct oral testimony is admissible for proving facts.(Earlier Section 60 of IEA).Section 55 provides that-
- When the evidence is of an observable fact, it must come from a witness who personally witnessed it.
- If the evidence is of an audible fact, it must be provided by a witness who genuinely heard it.
- When the evidence is of a sensory-perceptible fact, it should be presented by a witness who directly experienced it.
- When presenting evidence about an opinion or the reasoning behind it, it must come from the individual who holds that opinion based on those specific reasons.
GROUND FOR ADMITTING DIRECT EVIDENCE
The rationale for admitting direct evidence and excluding hearsay lies in the need to trust statements made by individuals who aren’t subject to court examination. Hearsay, being unverified, diminishes in credibility due to the potential for inaccuracies, misunderstandings, or incomplete perceptions in the original declaration.
Exceptions
- Expert Opinions: If an opinion of an expert is important for the case but the expert is unavailable to testify,it allows the court to consider expert opinion to be proved through their published works or treatises.
- Material Things: If oral evidence concerns the existence or condition of a physical object (other than a document evidence), the court may require the actual object to be presented for inspection. This shows that the evidence is directly examined rather than just described.
Examples
- A witness describes an accident he saw. His testimony about the accident will be taken as oral evidence.He must have actually seen the accident to provide valid evidence.
- A witness who says he heard a conversation must have actually heard it . They cannot make a testimony on what someone else told them about the conversation.
Why is this Important?
Section 54 and 55 of Bharatiya Sakshya Adhiniyam,2023(BSA) says that oral evidence presented in court is both direct and relevant.For this the witnesses must provide the information of what they saw, heard, or perceived, first hand without any delay.It also has exceptions for expert opinions and material things, so that the law can maintain the integrity and reliability of evidence. This helps the court make decisions based on accurate and direct information.
Oral Evidence serves as a primary means of presenting facts, accounts, and observations firsthand. While it forms the foundation of many legal cases, its effectiveness relies on the court’s ability to assess the credibility of witnesses and sift through subjective accounts. The provisions surrounding Oral Evidence ensure a fair and transparent process, enabling courts to arrive at well-informed decisions based on reliable testimonies.
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