Oral Evidence

Introduction

There are two methods of proving a fact. One is by producing witnesses of relevant fact, which is called oral evidence and the other by producing a document which records the fact in question, and this is called documentary evidence.

• Sections 59 and 60 contained in chapter IV of the Indian Evidence Act, 1872 (IEA) deal with oral evidence.

Meaning of Oral Evidence

• The meaning of oral evidence is given along with the definition of the term ‘Evidence’ in Section 3 of the IEA.
• 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, are called oral evidence.
• Oral means by word of mouth but a witness who is unable to speak may give evidence in any manner in which he can make it intelligible, that is by writing or signs. Such evidence shall be deemed to be oral evidence.

Proof of Facts by Oral Evidence

• Section 59 of IEA states that all facts, except the contents of documents or electronic records, may be proved by oral evidence.
• This Section is nothing but the re-production of the basic rule of evidence that where a written document exists, they shall be produced as being the best evidence of their own contents and no oral evidence can be adduced to prove as to what is wrong in the document.
• Thus, oral evidence is always admissible except when the contents of documents have to be proved.

Evidentiary Value of Oral Evidence

• Oral evidence is a much less satisfactory medium of proof than documentary proof.
• Oral evidence should be approached with caution.
• The correct rule is to judge the oral evidence with reference to the conduct of the parties, and the presumptions and probabilities legitimately arising in the case.

Oral Evidence Must be Direct

• As per Section 60 of the IEA, oral evidence must, in all cases whatever, be direct.
• If it refers to a fact which could be seen, it must be the evidence of a witness 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 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.
• This Section emphatically underlines the significance of direct perception.
• Hearsay or derivative evidence is excluded owing to its infirmity as compared with original source.