LawFinder detail

Section 60 - Oral evidence must be direct | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

Review the source section and mapped section together, capture notes, and move between related laws, charts, and activity tools without leaving the comparison flow.

Select a section to open the side-by-side comparison.

Indian Evidence Act, 1872 Section 60The Bharatiya Sakshya Adhiniyam, 2023 Section 55

Indian Evidence Act, 1872

Section 60

Oral evidence must be direct

Open law page

Indian Evidence Act, 1872

60. Oral evidence must be direct

Oral evidence must, in all cases whatever, be direct; that is to say—

if it refers to a fact which could be seen, it must be the evidence of a witness who says who says he saw it;

if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;

if it refers to 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;

if it refers to 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 also that, if oral evidence refers to the existence 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.

0views

Section notes

Loading...

The Bharatiya Sakshya Adhiniyam, 2023

Section 55

Oral evidence to be direct

Open law page

The Bharatiya Sakshya Adhiniyam, 2023

55. Oral evidence to be direct.

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.

0views

Section notes

Loading...

Mapping note

Editor note for this section pair

Open in chart view

No editorial note has been attached to this mapping yet.