What is Section 55 BSA?

Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule requiring oral evidence in court to be direct. It states that spoken testimony must come from the witness who personally saw, heard, or perceived the fact, or from the person who holds the opinion being proved.

Can a witness testify in court about a visual event that someone else saw under Section 55 BSA?

No. Under clause (i) of Section 55 BSA, if oral evidence refers to a fact that can be seen, it must be the testimony of a witness who states having seen it.

When can an expert treatise be produced in court instead of calling the author under Section 55 BSA?

Under a proviso to Section 55 BSA, expert opinions and their grounds in a treatise offered for sale may be proved by producing the treatise if the author has died, cannot be located, is unable to testify, or cannot be called without unreasonable delay or expense.

Can the court order a physical object mentioned in oral evidence to be produced under Section 55 BSA?

Yes. When spoken testimony concerns the state or existence of a physical object (not a document), the court may order that object to be brought in for inspection if the court considers it appropriate.

What is Section 55 BSA in IEA?

Section 60 IEA is the corresponding provision in the earlier Act. There is no substantive change between Section 60 IEA and Section 55 BSA, though Section 55 BSA numbers the clauses (i) to (iv) and updates the heading to Oral evidence to be direct.

IEA 60 Is Now BSA 55: Oral Evidence Must be Direct

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	60	55
Heading	Oral evidence must be direct	Oral evidence to be direct

IEA 60 and BSA 55: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 60, IEA 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 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.

BSA 2023 (in force)

Section 55, BSA 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.

When It Applies: IEA 60 vs BSA 55

Under IEA 60

Applies in every case where oral evidence is given in court, requiring that evidence to be direct.
When a fact can be seen, heard, or perceived by another sense or manner, the witness who personally saw, heard, or perceived it must testify.
When oral evidence concerns an opinion or the reasons for that opinion, the person holding that opinion on those reasons must testify.
When spoken testimony relates to the state or existence of a physical object (not a document), the court may order its production for inspection if the court considers it appropriate.

Under BSA 55

Applies in every case where oral evidence is given in court, requiring that evidence to be direct.
Under clauses (i), (ii), and (iii), when a fact can be seen, heard, or perceived by another sense or manner, the witness who personally saw, heard, or perceived it must testify.
Under clause (iv), when oral evidence concerns an opinion or the reasons for that opinion, the person holding that opinion on those reasons must testify.
When spoken testimony relates to the state or existence of a physical object (not a document), the court may order its production for inspection if the court considers it appropriate.

What IEA 60 to BSA 55 Means in Practice

Section 60 IEA became Section 55 BSA on 1 July 2024 with no substantive change. The same rule applies, with the clauses numbered (i) to (iv) and the heading updated to Oral evidence to be direct, and a party should cite Section 55 BSA for matters governed by the Adhiniyam.

IEA 60 to BSA 55: Oral evidence must be direct

IEA 60 to BSA 55 at a Glance

What Changed From IEA 60 to BSA 55?

IEA 60 vs BSA 55: Comparison Table

IEA 60 and BSA 55: Bare Act Text Side by Side

When It Applies: IEA 60 vs BSA 55

What IEA 60 to BSA 55 Means in Practice