Oral Evidence**

Definition of Oral Evidence (Section 57 BSA)

Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) defines oral evidence, laying the groundwork for how testimony is presented in court.

All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry

• Definition in BSA: Section 57(1) defines "oral evidence" as "all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry.

• Key Components:

  • Statements: This includes spoken words, gestures, or signs intended to convey meaning.

  • Court's Permission/Requirement: The evidence must be allowed or requested by the court.

  • By Witnesses: It must be provided by witnesses who have knowledge of the facts.

  • Matters of Fact Under Inquiry: The statements must relate to the facts that are in dispute or are being investigated.

• Scope: Oral evidence is the testimony given by witnesses in court.

Proof of facts by Oral Evidence

The BSA sets out rules for how facts can be proven using oral evidence, with a primary emphasis on directness.

Oral evidence must be direct (Section 58 BSA)

• Rule of Direct Evidence: Section 58(1) BSA states that oral evidence must be direct. This means that if a fact can be proved by direct evidence, that is the preferred method.

• What is Direct Evidence: Direct evidence is testimony from a witness who has directly perceived the fact in question through their senses (sight, hearing, smell, etc.).

• Examples:

  • If the fact to be proved is that 'X' was seen committing a theft, the evidence of someone who directly saw 'X' committing the theft is direct oral evidence.

  • If the fact to be proved is a statement made by 'Y', then the evidence of someone who heard 'Y' make that statement is direct oral evidence.

• Purpose: The rule of direct evidence is a fundamental principle ensuring that the court hears from those who have firsthand knowledge of the facts, thereby reducing the possibility of distortion or misinformation.

When hearsay evidence is relevant (Section 60 BSA)

Hearsay evidence is generally inadmissible, but the BSA provides exceptions where it can be relevant.

• General Inadmissibility: Oral evidence referring to statements made by persons who are not produced in court (hearsay evidence) is generally irrelevant, except in the cases hereinafter provided.

• Exceptions to Hearsay Rule: The BSA, in various sections (e.g., Sections 30, 31, 32, 33, 34, 37, 38, 45, etc.), provides for the admissibility of certain types of hearsay evidence under specific circumstances. These include:

  • Dying declarations (Section 30 BSA).

  • Statements made in the ordinary course of business (Section 31 BSA).

  • Statements relating to custom (Section 32 BSA).

  • Statements relating to relationship (Sections 33, 34 BSA).

  • Entries in public records (Section 37 BSA).

  • Statements in maps and charts (Section 38 BSA).

  • Expert opinions (Section 45 BSA).

• Purpose of Exceptions: These exceptions are based on the principle that in certain situations, hearsay evidence is reliable and necessary, as direct evidence might be unavailable.

Production of witnesses

• General Procedure: Witnesses are produced by the parties who wish to rely on their testimony. In criminal cases, the prosecution is responsible for producing witnesses to prove the charges, while the defence produces witnesses to support their case.

• Summons/Warrants: If a witness does not appear voluntarily, the court can issue summonses or, if necessary, warrants for their attendance.

• Examination: Once produced, witnesses are examined in chief by the party producing them, followed by cross-examination by the opposing party, and then re-examination by the party that produced the witness.

• Court Witness: In certain circumstances, the court may also summon or examine any witness if it deems necessary for a just decision.