Oral evidence to be direct.

What this section does

Oral evidence must in all cases be direct, meaning it must come from a witness who personally saw, heard, or otherwise perceived the fact in question, or who personally holds the opinion being given. An exception exists for opinions of experts in published treatises where the author is dead, untraceable, incapacitated, or cannot be called without unreasonable delay or expense. The Court may also require production of a material thing for inspection if oral evidence refers to its existence or condition.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Oral evidence must be direct — from a witness who personally perceived the fact or holds the opinion; hearsay oral evidence is excluded.

When it applies

• A witness who says 'I saw the accused strike the victim' gives direct oral evidence of a fact perceived by sight.
• An expert opinion contained in a published treatise may be proved by producing the treatise if the author has died and cannot be called as a witness.

Derived from IEA s.60.