Direct/Oral Evidence

Direct/Oral Evidence

As per section 3 of The Evidence Act, oral evidence means all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry. This is the evidence which is given direct by the witness and can be both things and documents.

Section 62(1) requires that oral evidence must in all cases whatever be direct. When the evidence refers to:

• Fact which could be seen, then it must be the person who saw such fact should give evidence.
• Fact which could be heard, it must be given by the person who claims to have heard it.
• Fact which could be perceived by any other sense or manner, it must be the person who perceived it by the sense or that other manner.
• Opinion or grounds on which that opinion is held, it must be the person who hold such opinion or who holds it on those grounds.

The proviso to subsection 1 provides that the opinion of experts expressed in treaties commonly offered for sale or grounds on which such opinions are held, may be proved by production of such treaties. However, before such production, it must be shown that:

• The author of such treaties is dead, or
•  Cannot be found, or
• Has become incapable of giving evidence, or
• Cannot be called as witness without undue delay or expenses.

Section 62(2) provides that where the evidence refer to the existence of condition of any material thing other than a document, the court may require the production of such material thing for inspection.