Oral Evidence refers to statements allowed or mandated by the court, made by witnesses regarding factual matters under investigation. This concept is outlined in Section 119, which allows witnesses who cannot speak to provide comprehensible evidence through writing or gestures within the courtroom.
SECTION 59 :- This section stipulates that all facts, with the exception of document contents, need to be proven through oral testimony.
SECTION 60 :- 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.Section 60 provides that-
- When the evidence pertains to an observable fact, it must come from a witness who personally witnessed it.
- If the evidence concerns an audible fact, it must be provided by a witness who genuinely heard it.
- When the evidence relates to 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.
In conclusion, 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 Act’s provisions surrounding Oral Evidence ensure a fair and transparent process, enabling courts to arrive at well-informed decisions based on reliable testimonies.
