Question

Under Sections 59 and 60 of the Indian Evidence Act, the term 'oral statement' means:

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

Hint:

Remember: Oral evidence must be direct and made before the Court. Hearsay or out-of-court statements are not admissible under Section 60 of the Indian Evidence Act, 1872.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept.
The question pertains to the meaning of "oral statement" or "oral evidence" as used in the Indian Evidence Act, 1872 — particularly under Sections 59 and 60. These sections define the scope and admissibility of oral testimony in legal proceedings.

Step 2: Detailed Explanation.
- According to Section 3 of the Indian Evidence Act, "oral evidence" means all statements which the Court permits or requires to be made before it by witnesses, regarding facts under inquiry.
- Section 59 provides that all facts, except the contents of documents or electronic records, may be proved by oral evidence.
- Section 60 mandates that oral evidence must be direct, meaning it must come from a witness who has personally seen, heard, or perceived the fact.
Analysis of Options:
- (A) All statements made before the Court by the witness — Correct, as it matches the statutory definition of oral evidence.
- (B) All statements made before the police by the accused — Incorrect, as such statements are generally inadmissible under the Evidence Act unless they fall under specific exceptions (e.g., Section 27).
- (C) All statements of facts which a witness heard someone say — Incorrect, as this is hearsay and inadmissible under Section 60.
Step 3: Final Answer.
Thus, "oral statement" under Sections 59 and 60 of the Indian Evidence Act refers to statements made by a witness before the Court during judicial proceedings.