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AMAN GUPTA
PROPOSED TO:
AUGUST, 2019
Oral Evidence is the spoken testimony given by witnesses in the court. It is a type of
evidence which is confined to words spoken by mouth. Oral Evidence, if worthy of credit, is
sufficient without documentary evidence to prove a fact or title. Where a fact may be proved
by oral evidence it is not necessary that the statement of the witness should be oral. Any
method of communicating through which the circumstances of the case or the physical
condition of the witness demand may, in the discretion of the Court, be employed. Thus a
deaf may testify by signs or by writing.
Sometime Oral Evidence can be the sole ground for conviction or acquittal .We cannot deny
the merit of oral evidence. In such types of cases, Burden of proof may not be beyond
reasonable doubt due to lack of substantial evidences. It is totally based on the rational and
prudential approach of the court.
Sec. 3 of the Indian Evidence Act defines Oral Evidence, the first part of the evidence which
defines evidence deals with ‘Oral Evidence’. It says - “All Statements which the court
permits or requires to be made before it, by witnesses in relation to matter of fact under
enquiry, such statements are called Oral Evidence." Sec. 59 and Sec. 60 of the Indian
Evidence Act, 1872 deals with the Oral Evidence. All facts, except the contents of documents
or electronic records may be proved by oral evidence and Oral Evidence must, in all cases
whatever, be direct, that is to say must be direct.
OBJECTIVES OF THE STUDY
To study in details all the provisions of Indian Evidence Act regarding Oral Evidence
and how it is applied in the Indian Judicial System.
HYPOTHESIS
RESEARCH METHODOLOGY
SOURCES OF DATA
The researcher will make use of both the sources i.e., primary as well as secondary.
TENTATIVE CHAPTERISATION
LIMITATION