Section 60 of the Indian Evidence Act: Direct Oral Evidence and Section 55 BSA
Oral testimony about a fact must ordinarily come from the person who directly saw, heard or otherwise perceived it. This rule appeared in Section 60 of the Indian Evidence Act, 1872, and is now provided in Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What is direct oral evidence?
Direct oral evidence is testimony by a witness describing a fact personally observed through sight, hearing or another sense, or giving an opinion the witness personally holds on stated grounds. A witness repeating another person's account generally offers hearsay rather than direct evidence, subject to other statutory rules that may make particular statements relevant or admissible.
Section 60 of the Indian Evidence Act, 1872
The former Section 60, headed "Oral evidence must be direct", prescribed the following requirements:
- For a fact capable of being seen, the witness must say that he or she saw it.
- For a fact capable of being heard, the witness must say that he or she heard it.
- For a fact capable of perception through another sense or manner, the witness must testify to that personal perception.
- For an opinion or the grounds of an opinion, the evidence must be given by the person holding that opinion on those grounds.
First proviso: Expert opinions in a treatise commonly offered for sale, and their grounds, may be proved by producing the treatise if the author is dead, cannot be found, is incapable of testifying, or cannot be called without delay or expense that the court regards as unreasonable.
Second proviso: Where oral evidence concerns the existence or condition of a material object other than a document, the court may require production of that object for inspection.
These principles and both provisos are substantially carried forward in Section 55 BSA. The official statutory wording can be checked in the Bharatiya Sakshya Adhiniyam, 2023 (India Code, official PDF).
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023
Section 55, titled "Oral evidence to be direct", is in Chapter IV of the BSA. It identifies four kinds of first-hand testimony: facts seen, facts heard, facts otherwise perceived and opinions held by the witness. Its first proviso concerns expert treatises when the author cannot reasonably testify; its second allows the court to inspect a material object mentioned in oral evidence.
| Earlier law | Current corresponding law |
|---|---|
| Section 59, Indian Evidence Act: proof of facts by oral evidence | Section 54, BSA: proof of facts by oral evidence |
| Section 60, Indian Evidence Act: oral evidence must be direct | Section 55, BSA: oral evidence to be direct |
Examples of direct evidence and hearsay
- Eyewitness: A person who personally watched a collision may testify about what was seen.
- Earwitness: A person who personally heard a threat may testify about the words heard.
- Other senses: A person who personally noticed a particular smell may testify to that perception.
- Opinion: An expert witness may explain an opinion personally formed and the grounds for it, subject to rules governing expert evidence.
- Hearsay: A witness saying only that a neighbour told them about the collision generally does not directly prove the collision. Whether the statement is admissible for another purpose depends on applicable law.
Expert treatises and inspection of material objects
Expert treatises
The first proviso is a limited statutory method of proving an expert opinion contained in a commonly sold treatise when the expert author cannot be brought before the court for one of the specified reasons. It is not a blanket rule admitting every published opinion.
Production of physical objects
Under the second proviso, the court may ask for a material thing, other than a document, to be produced for inspection when oral testimony concerns its existence or condition. The court's power is discretionary.
Related evidence provisions
Section 59 of the Indian Evidence Act: Proof of facts by oral evidence explains which facts may be proved orally. For the current statutory framework, see Sections 54 and 55 of the BSA. Documentary and electronic records are subject to additional provisions, including Sections 56 to 63 BSA.
Does Section 60 still apply to older cases?
Section 170 of the BSA repeals the Indian Evidence Act, 1872, while saving specified pending applications, trials, inquiries, investigations, proceedings and appeals as provided by that section. The relevant procedural stage and commencement date should therefore be checked before deciding which Act governs a particular matter.
Official legal source
Read the official text of the Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), particularly Sections 54, 55 and 170. This article is general legal information; admissibility in a specific case depends on its facts and applicable provisions.