Section 60 IEA: Oral evidence must be direct
Indian Evidence Act, 1872
Section 60 IEA at a Glance
Section 60 IEA deals with oral evidence must be direct. From 1 July 2024 it is replaced by Section 55 BSA.
Section 60 IEA Bare Act Text
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.
Source: Section 60, Indian Evidence Act, 1872
Section 60 IEA in Simple Words
Section 60 of the Indian Evidence Act, 1872 requires oral evidence (spoken testimony in court) to be direct in every case. A witness must testify from personal perception or personal opinion.
For a fact that can be seen, the witness must state that the witness saw it. For a fact that can be heard, the witness must state that the witness heard it. For a fact perceived through another sense or manner, the witness must state that the witness perceived it that way. For an opinion or its supporting reasons, the person holding that opinion on those reasons must testify.
Under a proviso, expert opinions and their grounds in a treatise offered for sale may be proved by producing the treatise. This applies 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.
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 brought in for inspection if the court considers it appropriate.
When Section 60 IEA Applies
- 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.
Example of Section 60 IEA
When Section 60 IEA 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 60 IEA in the BSA
Section 60 IEA is now covered under Section 55 BSA.
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".
View detailed comparison (IEA 60 vs BSA 55) →FAQs on Section 60 IEA
What is Section 60 IEA?▼
Section 60 of the Indian Evidence Act, 1872 is the rule requiring oral evidence in court to be direct. It states that a witness giving spoken testimony must be the person who personally saw, heard, or perceived the fact, or who personally holds the opinion being proved.
Can a witness give oral evidence about a sound that another person heard under Section 60 IEA?▼
No. When oral evidence refers to a fact that can be heard, Section 60 IEA requires the testimony of a witness who states that the witness personally heard it.
When can an expert opinion in a book be proved without calling the author under Section 60 IEA?▼
Under a proviso to Section 60 IEA, 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 ask to inspect a physical object mentioned in oral evidence under Section 60 IEA?▼
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 60 IEA in BSA?▼
Section 55 BSA replaces Section 60 IEA from 1 July 2024 with no substantive change. Section 55 BSA numbers the clauses (i) to (iv) and updates the section heading to Oral evidence to be direct.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·