Question

Elucidate the legal criteria under I.E. Act to be fulfilled for admissibility of oral evidence before the court.

Answer 1

We are all aware of the value of proof in any court case. Evidence is any valid and relevant facts that demonstrate or abstains from proving any matter; it is required that this cycle of evidence is categorisd into two headings – oral and written evidence by law IE Act 1872. It is a predetermined method of demonstrating that the cycle of evidence works. 

Explanation:

• All proof plays an important role in the courts, with the usage of oral evidence increasing; historically it had not been regarded as so reliable and unambiguous as documentary evidence, but its need and value was constantly expanding. Oral proof is also relevant because it encourages a person and expresses what they have seen or want to tell about the trial. Oral evidence is comparatively easier to refer
• All facts & conditions, except for documentation and electronic records, can be proven through oral evidence through communicating or speaking. Oral testimony can not explain the contents of documents and electronic records. It is believed that if a person is called for proving their documents , the document becomes oral and the written proof becomes meaningless.
• Oral Evidence must be direct in all cases. It refers to the evidence/proof given by the person who saw or witnessed the matter with his/her own eyes. It relates to evidence presented by the person present & heard the matter by himself/herself, which comes as "direct evidence". It refers to a reality that could be interpreted by all other senses or by some other means; it must be proof that someone claims he perceived it by that "sense or manner"
• The oral proofs may include proof of a child by video recording and TV, and if there is proofs provided by video recording, they may be accepted by oral proof provided such video recording is not tampered with or manipulated.
• Hearsay means any information obtained from some other source by any person. Hearsay occurs that a person has no personal knowledge of a specific subject or event, and has been informed about that specific matter  from any other person.  Hearsay testimony is also exempt from oral evidence because oral evidence require first-hand information and hearsay is not explicitly extracted from direct evidence. However, there are some exceptions to this. Anyone who is dead, or can't be identified, or is  unable to come to court  for any reason not within his/her control; whatever such knowledge that is passed on to the other party, and that person presenting the evidence before the court, shall be deemed admissible. Also Admission or confession by any person to the person who is presenting the evidence, even tough hearsay, will be considered as direct evidence

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Section 121 of evidence act provides for privilege in respect of ...

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