Section 55
Oral evidence to be direct
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Section 55 is the direct-evidence rule. Oral evidence must be direct in every case: a witness must say that he saw what could be seen, heard what could be heard, perceived by another sense what could be so perceived, and an opinion must come from the person who holds it, on the grounds on which he holds it.
Section 55, official 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 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.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
In plain words
Section 55 is the direct-evidence rule. Oral evidence must be direct in every case: a witness must say that he saw what could be seen, heard what could be heard, perceived by another sense what could be so perceived, and an opinion must come from the person who holds it, on the grounds on which he holds it.
Key points
- Seen, heard, perceived: limbs (i) to (iii) tie the witness to the sense through which he knows the fact.
- Opinions: limb (iv) requires the evidence of the person who holds the opinion on the grounds on which it is held.
- Proviso on expert treatises: opinions of experts expressed in a treatise commonly offered for sale, and the grounds of those opinions, may be proved by producing the treatise if the author is dead, cannot be found, has become incapable of giving evidence, or cannot be called without delay or expense the Court regards as unreasonable.
- Material things: if oral evidence refers to the existence or condition of a material thing other than a document, the Court may require the thing to be produced for inspection.
- Exceptions exist elsewhere: the Act makes some statements relevant even though the maker is not in the witness box (for example section 26), so section 55 is the rule for oral evidence, not the whole law of hearsay.
Worked example
A witness says, “My neighbour told me he saw the accused leave the house.” Under section 55 the witness cannot give evidence of what the neighbour saw; the neighbour must be called and say that he saw it, unless a specific provision such as section 26 makes the statement relevant.
Questions on section 55
What does “direct” evidence mean under section 55?
For a fact that could be seen, the witness must say he saw it; for a fact that could be heard, that he heard it; for any other sense, that he perceived it that way; and for an opinion, the evidence must be that of the person who holds the opinion on those grounds.
Can an expert opinion in a book be used without calling the author?
Only within the first proviso: where the opinion is in a treatise commonly offered for sale and the author is dead, cannot be found, is incapable of giving evidence or cannot be called without unreasonable delay or expense.
Can the Court ask to see a physical object mentioned by a witness?
Yes. The second proviso lets the Court require production of a material thing other than a document, if the oral evidence refers to its existence or condition.
Related sections
- Section 26: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant — statements of persons who are dead or cannot be found
- Section 39: Opinions of experts — opinions of experts
- Section 54: Proof of facts by oral evidence — proof of facts by oral evidence
- Section 56: Proof of contents of documents — proof of contents of documents
- Section 124: Who may testify — who may testify
Nearby sections
- Section 53 — Facts admitted need not be proved
- Section 54 — Proof of facts by oral evidence
- Section 56 — Proof of contents of documents
- Section 57 — Primary evidence
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 55