Section 55 BSA: Oral evidence to be direct
Bharatiya Sakshya Adhiniyam, 2023
Section 55 BSA at a Glance
Section 55 BSA deals with oral evidence to be direct. It replaced Section 60 IEA on 1 July 2024.
Section 55 BSA Bare Act Text
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.
Source: Section 55, Bharatiya Sakshya Adhiniyam, 2023
Section 55 BSA in Simple Words
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 requires all oral evidence (spoken testimony in court) to be direct in every case from 1 July 2024. A witness giving testimony must testify from personal perception or personal opinion.
Clause (i) states that for a visible fact, the witness must state that the witness saw it. Clause (ii) states that for an audible fact, the witness must state that the witness heard it. Clause (iii) states that for a fact perceived through another sense or manner, the witness must state that the witness perceived it that way. Clause (iv) states that for an opinion or its grounds, the person holding that opinion on those reasons must testify.
Under a proviso, expert opinions and their supporting grounds in a treatise offered for sale may be proved by producing the treatise. This applies when the author has died, cannot be located, is unable to testify, or cannot be called without delay or expense that the court considers unreasonable.
Under a further proviso, when spoken testimony relates to the state or existence of a physical object (not a document), the court may order that object to be produced for inspection if the court considers it appropriate.
When Section 55 BSA Applies
- 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.
Example of Section 55 BSA
When Section 55 BSA Does Not Apply
- Expert opinions and their supporting grounds expressed in a treatise offered for sale may be proved by producing the treatise without calling the author, if the author has died, cannot be located, is unable to testify, or cannot be called without delay or expense that the court considers unreasonable.
- The rule allowing the court to require production of a material thing for inspection when oral evidence refers to its existence or condition does not apply to a document.
Section 55 BSA in the IEA (Previous Law)
Section 55 BSA replaces Section 60 IEA from the old criminal code.
Section 60 of the Indian Evidence Act, 1872 became Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Must" reads "shall", the four cases are numbered (i) to (iv), and the heading now reads "Oral evidence to be direct".
FAQs on Section 55 BSA
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.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·