Section-60 (Oral evidence must be direct) of the Evidence Act, 1872
The Evidence Act, 1872
(ACT NO. I OF 1872)
CHAPTER IV
OF ORAL EVIDENCE
Oral evidence must be direct
60. Oral evidence must,
in all cases whatever, be direct; that is to say-
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;
if it refers to a fact
which could be perceived by any other sense
or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;
if it refers to an
opinion or to the grounds on which that opinion is
held, it must be the evidence of the person
who holds that opinion on those grounds:
Provided that the
opinions of experts expressed in any treatise commonly offered for sale, and
the grounds on which such opinions are held, may be proved by the production of
such treatises if the author is dead or cannot be found, or has become incapable
of giving evidence, or cannot be called as a witness without an amount of delay
or expense which the Court regards as unreasonable:
Provided also that, if
oral evidence refers to existence or condition of any material thing other than
a document, the Court may, if it thinks fit, require the production of such
material thing for its inspection.
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