Section 55 BSA 2023: Oral Evidence to Be Direct
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down the basic rule that oral evidence must be direct. A witness should ordinarily testify to what the witness personally saw, heard, perceived, or opined on the stated grounds, rather than merely repeat another person's account.
Text of Section 55 - Oral evidence to be direct
55. 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.
Meaning and scope of Section 55 BSA
The provision embodies the rule of direct oral evidence. When a fact is capable of being perceived by a witness, the person who actually perceived that fact should give the evidence. The rule helps the Court assess the witness directly and reduces reliance on second-hand narration.
- Facts seen: the witness should state that he or she personally saw the fact.
- Facts heard: the evidence should come from the person who personally heard the words or sound relied upon.
- Facts perceived by another sense or manner: the witness should identify the personal perception on which the testimony is based.
- Opinion evidence: where an opinion and its grounds are relevant, the person holding that opinion should ordinarily give the evidence.
Why direct oral evidence matters
Direct testimony allows the Court to examine the source of a factual assertion. The witness can be questioned about the circumstances of perception, including visibility, distance, time, audibility, opportunity to observe, and the basis of an opinion. Section 55 therefore works as a foundational rule governing how oral proof is presented.
Expert treatises under the first proviso
The first proviso creates a specific route for proving expert opinions contained in a treatise commonly offered for sale. Such a treatise may be produced where the author is dead, cannot be found, has become incapable of giving evidence, or cannot be called without delay or expense that the Court considers unreasonable.
This proviso does not turn every published work into automatically conclusive proof. The statutory conditions must be satisfied, and the evidentiary value remains a matter for the Court to assess in the context of the case.
Production of a material thing for inspection
Under the second proviso, where oral evidence concerns the existence or condition of a material thing other than a document, the Court may require that thing to be produced for inspection. This enables the Court to compare oral testimony with the physical object where such inspection is considered useful.
Simple illustrations
| Situation | Direct evidence contemplated by Section 55 |
|---|---|
| A collision was allegedly witnessed at a junction. | A person who personally saw the collision describes what he or she saw. |
| A threatening statement was allegedly made in a room. | A person who personally heard the statement gives evidence about the words heard. |
| A witness relies on smell, touch, or another sensory perception. | The witness explains that he or she personally perceived the fact through that sense or manner. |
| A relevant technical opinion is relied upon. | The person holding the opinion ordinarily states the opinion and its grounds, subject to the statutory proviso relating to expert treatises. |
Section 55 and the earlier Indian Evidence Act, 1872
Section 55 BSA substantially carries forward the direct-oral-evidence rule that appeared in Section 60 of the Indian Evidence Act, 1872. The BSA reorganises the numbering: Section 54 deals with proof of facts by oral evidence, while Section 55 deals with the requirement that oral evidence be direct.
Related BSA provisions
Section 55 should be read with Section 54 BSA - Proof of facts by oral evidence. The following provisions beginning with Section 56 BSA move into Chapter V dealing with documentary evidence.
India Code - Bharatiya Sakshya Adhiniyam, 2023
Ministry of Home Affairs - New Criminal Laws