Evidence act is considered the bible of the justice system. the origin of the
word evidence is from the Latin word evident or evidence which means clear.
There are two types of evidence oral and documentary. Section 3 of the evidence
act defines all statements that the court requires to be made before it by
witnesses, about matters of fact under inquiry, such statements are called oral
evidence. according to section 60, oral evidence must be direct. there are four
principles of this section to be satisfied.
- It refers to the fact the witness sees the witness. that is oral
evidence should be given by those who actually see the crime. suppose the
person who sees the murder can give oral evidence.
- If it refers to a fact that is heard by a witness. that is a witness can
give oral evidence about a crime that has heard by himself,
- If it refers to a fact which could be perceived by any other sense or in
any other manner by a witness. that is a witness can give oral evidence if
he senses a crime.
- If it refers to an opinion or to the grounds on which that opinion is
held by the witness. The hearsay evidence exception to oral evidence hearsay
means when the witness is not aware of the crime but he heard from the other
person regarding the crime generally it was not recognized by the court of
law. but there are some exceptions to the hearsay evidence
Admissibility Of Oral Evidence
- Dying Declarations
- Transactions In The Books Of Account In The Business
- Entries II The Public Record
- Res Gestae
It has less evidentiary value. However it acts as a medium of conducting
justice. but this piece of evidence was approached by the court very carefully.
The court should separate the grain from the chappal. The supreme court held
that 92 of evidence act bars giving oral evidence on a written document except
to prove that the document reflected a sham transaction. oral evidence is vital
for passing a judgement in most of the cases.
But it has to prove beyond doubt. even though subjectivity is relevant in the
oral evidence. it is the suitable method for proving a fact where documentary
evidence is not used for situations that need some explanations.