Question

Testimony of a witness to the existence or non- existence of the fact or facts in issue is/are

• A. Oral evidence
• B. Original evidence
• C. Direct evidence
• D. Both(a) and (b)

Hint:

In the Indian Evidence Act, the primary classification of evidence is into 'Oral' and 'Documentary' (Section 3). Other types like 'direct', 'circumstantial', 'primary', and 'secondary' are further sub-classifications or descriptions. For definitional questions, always refer back to the primary categories first.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks to classify the testimony given by a witness in court. This requires understanding the basic classifications of evidence under the Indian Evidence Act, 1872.
Step 2: Detailed Explanation:
Let's analyze the terms:
- Oral Evidence: Section 3 of the Evidence Act defines "Evidence" to mean and include "(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;". The testimony of a witness is precisely this.
- Direct Evidence: This refers to evidence which, if believed, directly proves a fact in issue without any inference or presumption. The testimony of an eyewitness is a classic example of direct evidence. So, testimony can be direct evidence.
- Original Evidence: This term is usually used to contrast with 'hearsay evidence'. Original evidence is the direct testimony of a witness about what they perceived, whereas hearsay is testimony about what someone else said.
While a witness's testimony can be both direct and original, its fundamental classification under the Evidence Act's definition section is Oral Evidence. The Act primarily divides evidence into two main categories: Oral Evidence and Documentary Evidence. Other classifications like direct, circumstantial, original, hearsay, etc., are functional descriptions. Given the options, "Oral evidence" is the most accurate and foundational classification for a witness's statement in court.
Step 3: Final Answer:
The most fitting classification for the testimony of a witness as per the Evidence Act is Oral evidence.