CHAPTER IV.–– OF ORAL EVIDENCE

Section 59: Proof of facts by oral evidence

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

All facts, except the ¹[contents of documents or electronic records], may be proved by oral evidence.

Footnotes in the official text

1.Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for “contents of documents” (w.e.f. 17-10-2000).

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

59. Proof of facts by oral evidence.

BSA 54

Leading cases

Anvar P.V. v. P.K. Basheer (2014)Secondary evidence of an electronic record is admissible only with a certificate under Section 65B(4) of the Evidence Act; Navjot Sandhu was overruled on this point, and the election petition based on uncertified CDs failed.

Questions on this section

1 question in 7 of our papers cite Section 59. Try these from the free papers:

1. Consider the following statements under the BSA: 1. All facts, except the contents of documents, may be proved by oral evidence. 2. If oral evidence refers to the existence or condition of a material thing other than a document, the Court may require the production of that thing for its inspection. 3. The opinion of an expert expressed in a treatise commonly offered for sale may be proved by producing the treatise even when the author is alive and can be called as a witness without unreasonable delay or expense. Which of the statements given above is/are correct?

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