BSA Section 55 — Oral evidence to be direct

CHAPTER IV OF ORAL EVIDENCE

General

Summary

Oral evidence must, in all cases, be direct. This means the evidence must come from the witness's own firsthand account, not from what someone else told them.

Under clause (i), if the evidence is about a fact that could be seen, the witness must say that they themselves saw it.

Under clause (ii), if the evidence is about a fact that could be heard, the witness must say that they themselves heard it.

Under clause (iii), if the evidence is about a fact that could be perceived by any other sense or in any other manner, the witness must say that they perceived it through that sense or in that manner.

Under clause (iv), if the evidence is about an opinion or the grounds on which that opinion is held, it must come from the person who holds that opinion on those grounds.

The first proviso states that the opinions of experts expressed in a treatise commonly offered for sale, and the grounds for those opinions, may be proved by producing the treatise itself, if the author is dead, cannot be found, has become incapable of giving evidence, or cannot be called as a witness without delay or expense that the Court considers unreasonable.

The second proviso states 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 that material thing to be produced for its inspection.

Official Text

Oral evidence shall, in all cases whatever, be direct; if it refers to,—

(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.

Related Judgments

  • N. SUBRAMANIA IYER vs THE OFFICIAL RECEIVER, QUILON — Supreme Court of India (1957)
  • BAI HIRA DEVI AND OTHERS vs THE OFFICIAL ASSIGNEE OF BOMBAY — Supreme Court of India (1958)
  • SHRI SURENDER BASOYA vs SHRI SANJEEV JOON — Delhi High Court (2025)

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