BSA §55
Oral evidence shall, in all cases whatever, be direct
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Comparison
59. Proof of facts by oral evidence. –– All facts, except the 1[contents of documents or electronic records], may be proved by oral evidence.
55. Oral evidence shall, in all cases whatever, be direct; if it refers to,— (i) a fact which could be seen, it must be the evidence of a witness who says he saw it; (ii) a fact which could be heard, it must be the evidence of a witness who says he heard it; (iii) 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; (iv) 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 further that, if oral evidence refers to the 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. CHAPTER V OF DOCUMENTARY EVIDENCE
What changedAI-inferred
Proof of facts by oral evidence.
Old position
IEA 59 is concerned with Proof of facts by oral evidence. Proof of facts by oral evidence
New position
BSA 55 preserves the framework with drafting modernisations as required by the new code. Topic: Oral evidence shall, in all cases whatever, be direct. Oral evidence shall, in all cases whatever, be direct; if it refers to,
BSA 55 (Oral evidence shall, in all cases whatever, be direct) preserves the framework of IEA 59. BSA 55 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 55 text: Oral evidence shall, in all...
Editorial deltaAI-indicated (source-linked)
BSA 55 (Oral evidence shall, in all cases whatever, be direct) preserves the framework of IEA 59. BSA 55 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 55 text: Oral evidence shall, in all cases whatever, be direct; if it refers to,— (i) a fact which could be seen, it must be the evidence of a witness who says he saw it; (ii) a fact which could be heard, it must be the evidence of a witness who says he heard it; (iii) a fact which could be perceived by any other sense or in...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 59 continues to apply. For matters from that date forward, BSA 55 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 55 (Oral evidence shall, in all cases whatever, be direct). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §59 → BSA §55 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bsa/55.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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