What Is BSA Section 55?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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 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.

Brefe Detail

Section 55 of the Bhartiya Sakshya Adhiniyam, 2023 mandates that oral evidence must be direct. It specifies that witnesses must provide firsthand accounts of what they have seen, heard, or perceived through their senses. Additionally, opinions must come from those who hold them. The section also allows expert opinions to be proven through written treatises under certain conditions. Furthermore, the court may require physical inspection of material objects if necessary.

Question & Answers

Q1: What does Section 55 of the Bhartiya Sakshya Adhiniyam, 2023 state about oral evidence?

A1: It states that oral evidence must be direct and based on firsthand experience.

Q2: How must a fact that could be seen be proven according to this section?

A2: It must be the evidence of a witness who claims to have seen it.

Q3: What is required for a fact that could be heard?

A3: It must be the evidence of a witness who claims to have heard it.

Q4: Can opinions be included in oral evidence?

A4: Yes, but they must be provided by the person who holds the opinion.

Q5: Under what circumstances can expert opinions be proven through treatises?

A5: If the author is deceased, cannot be found, is incapable of giving evidence, or if calling them as a witness would be unreasonable in terms of delay or expense.

Q6: Can the court require the production of material things for inspection?

A6: Yes, if oral evidence refers to the existence or condition of any material thing other than a document.

Example

• Example 1: A witness testifying that they saw a car accident must say they personally witnessed the event.
• Example 2: If a person claims they heard a specific conversation, they must provide their testimony based on having heard it directly.
• Example 3: An expert witness giving an opinion on a medical condition must explain their opinion based on their qualifications and experiences.

Summary

Section 55 of the Bhartiya Sakshya Adhiniyam, 2023 emphasizes that oral evidence must be direct and based on firsthand knowledge. It outlines how different types of evidence should be presented, including the necessity for physical inspection of material things when relevant. The section also accommodates expert opinions under specific conditions.