oral evidence

Oral evidence means all statements which the court permits or requires witnesses to make before it in relation to matters of fact under inquiry, including such statements given electronically. All facts, except the contents of documents, may be proved by oral evidence.

Oral evidence must be direct: a fact that could be seen must be proved by a witness who saw it, a fact that could be heard by one who heard it, and an opinion by the person who holds it. This excludes hearsay. A witness unable to speak may give evidence in writing or by signs, and this is still oral evidence.

Example

The eyewitness's account of seeing the accused strike the deceased was direct oral evidence, while his account of what a neighbour told him was hearsay.

In Indian law

• Section 2(1)(e), BSA, 2023 (old s.3 Evidence Act): definition of evidence
• Sections 54 and 55, BSA (old ss.59 and 60 Evidence Act)

See also

documentary evidence · direct evidence · hearsay · witness

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)