Question

Under Section 59 to 60 of Indian Evidence Act the oral statement means

• A. All statements made before the court by the witness
• B. All statement made before the police by the accused
• C. All statement of facts which a witness heard to say
• D. All of the above

Hint:

The core principle of oral evidence is that it must be direct (Section 60), which means the witness must have perceived the fact with their own senses. This rule excludes hearsay evidence.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Indian Evidence Act, 1872, classifies evidence into oral and documentary. It lays down specific rules for each type. Sections 59 and 60 deal with the proof of facts by oral evidence.

Step 2: Detailed Explanation:
Section 59 of the Evidence Act states that all facts, except the contents of documents or electronic records, may be proved by oral evidence.
Section 60 lays down the fundamental rule that oral evidence must be direct. It means:
- If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it.
- If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it.
The term "oral evidence" itself is defined in Section 3 of the Act as "all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry".
- Option (A) perfectly matches this definition from Section 3.
- Option (B) is incorrect as statements to the police are generally not evidence.
- Option (C) refers to hearsay evidence, which is generally inadmissible under Section 60.

Step 3: Final Answer:
As per the definition in Section 3, which is the context for Sections 59-60, oral evidence means all statements made before the court by a witness.