Code: Section 55 BSA
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.
Full text of Section 55:
👉 Section 55 Bharatiya Sakshya Adhiniyam (BSA) – Direct Oral Evidence
Explanation of Section 55 BSA
Section 55 of the Bharatiya Sakshya Adhiniyam (BSA) lays down a fundamental rule: oral evidence must always be direct. In other words, only a person who has directly perceived a fact with their own senses—such as sight, hearing, or touch—can testify about it. This provision ensures that courts rely on first-hand, credible accounts rather than hearsay or indirect claims.
Key Principles:
- Oral evidence must come from a witness who directly experienced the fact.
- A witness must have personally seen, heard, or sensed the fact to testify about it.
- Opinions must be testified to by the person who holds them.
- Expert opinions published in books can be introduced under certain conditions.
- Courts can inspect physical objects when necessary instead of relying solely on oral testimony.
Illustration
Example 1: Witnessing an Event
If a witness testifies that they saw a robbery happen, this is direct evidence under Section 55 because the witness saw the event themselves.
Example 2: Expert Opinion via Published Work
If a medical expert has passed away, but their conclusions are included in a well-known textbook, and the book is introduced in court, it can be accepted as evidence if calling the expert is impractical.
Example 3: Material Inspection by Court
In a property damage case, if oral testimony refers to the condition of a broken wall, the judge may order a site visit or inspection instead of relying solely on descriptions by witnesses.
Common Questions and Answers
- What is direct oral evidence? Direct oral evidence is testimony given by a witness who personally experienced or observed the fact in question—such as hearing, seeing, or sensing it.
- Is hearsay permitted under Section 55? No. Hearsay is not admissible under this section. Testimony must be based on the witness’s direct observation.
- Can expert books be used as evidence? Yes, if the author is dead or unavailable and the court finds that producing the author would cause unreasonable delay or expense.
- Can someone testify to another person’s opinion? No. An opinion must be given by the person who holds that opinion unless the opinion is part of an accepted expert treatise.
- Can courts examine physical items themselves? Yes. Courts may require the production of a physical object if oral evidence refers to its existence or condition.
Conclusion
Section 55 of the Bharatiya Sakshya Adhiniyam ensures that oral evidence in court remains authentic and based on first-hand knowledge. This provision protects the integrity of judicial proceedings by filtering out hearsay and indirect information, while also offering practical flexibility through expert treatises and material inspections.
Explore more sections of the Bharatiya Sakshya Adhiniyam and related legal topics at ApniLaw.
