viva voce

Viva voce evidence is oral testimony given by a witness in court, as opposed to affidavit or documentary evidence. Indian procedure prefers oral evidence taken in open court and tested by cross-examination; evidence by affidavit is allowed only where a law or the court permits it.

In universities, the viva voce (often shortened to “viva”) is the oral examination, for example on moot court or internship work. Under the Bharatiya Sakshya Adhiniyam, oral evidence must be direct: the witness must speak to what he or she personally saw, heard or perceived.

Example

The witness was examined viva voce and then cross-examined by the defence.

In Indian law

• Section 55, Bharatiya Sakshya Adhiniyam, 2023 (old s.60, Indian Evidence Act, 1872): oral evidence must be direct
• Order XVIII, Code of Civil Procedure, 1908 (hearing and examination of witnesses)

See also

oral evidence · witness · cross-examination

Read more in the study notes

• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)
• Proof of documents, public and private documents, presumptions as to documents, and exclusion of oral by documentary evidence (sections 64 to 103) (Bharatiya Sakshya Adhiniyam)
• Business ethics, work ethics and work culture (Business Environment)
• First hearing, framing of issues, discovery, admissions, affidavits and adjournments (Civil Procedure Code and Limitation Act)
• Consideration and nudum pactum (Contract I)