Indian Evidence Act- Oral Evidence (Section 59-60)

Oral Evidence

Introduction

 

Oral evidence actually is defined in section 3 under definition of evidence. It states that all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence.

In this part, what kind of facts can be proved by oral evidences are discussed.

 

Section 59-Proof of fact by oral evidence

 

This section states that anything can be proved oral evidence. Of course with exception!

What are the exceptions?

·        Content of document

·        Content of electronic records

Section 59 states that content of document or electronic records cannot be proved by oral evidence. Of course this too has exceptions. Yes, we have exception to exception!!! We shall see later.

One thing to note here is that when fact can be proved by oral evidence it is not necessary that is should be proved by oral statements only. Deaf, dumb can also give witness by sign or interpretations. It was held in Abdulla Vs King Emperor. In this case woman lost her capability to speak,  then she gave evidence by sign about attacker.

Section 60- Oral Evidence must be direct

 

This is powerful! What does direct mean?

It means the witness have seen the incidence or heard personally. Meaning person must have perceived himself whatever he is trying to prove. Witness cannot say he came to know about fact from “friend’s uncle’s son’s friend”.

This section categorically rejects the hearsay evidence.

In Subramaniam Vs Public prosecuter, lower Court rejected hearsay evidence, however privy council admit it later.

R A Malkani Vs State of Maharaashtra, it was held that when a tape is recorded with the consent and knowledge of speaker, then it will become oral as well as documentary evidence.

When speaker has no knowledge of recording, in that case those become oral evidence.

 

There are however some exception to hearsay evidence.

Exception to Hearsay evidence

 

1)   Res Gastae u/s6

2)   Admission and Confession

3)   Statement under section 32

4)   Statement of experts in treaties

5)   Evidence in former proceedings u/s33

 

 

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