What is Oral Evidence under Bharatiya Sakshya Adhiniyam 2023? Detailed Notes on Exclusion by Documentary Evidence

Understanding oral evidence under BSA 2023 is crucial for interpreting how facts are presented and verified in a courtroom. The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), which replaced the colonial-era Indian Evidence Act of 1872, has introduced a refined structure for handling oral and documentary evidence.

Under this new law, oral evidence—the spoken statements of witnesses—is governed by clear, codified rules in Sections 54 and 55. Additionally, Sections 94 to 103 (Chapter VI) lay down important provisions where oral evidence is excluded if documentary evidence exists to prove the same matter.

This blog post provides a detailed and structured explanation of oral evidence under BSA 2023, with a focus on its definition, admissibility, and circumstances under which it may be excluded due to the presence of written records. It is tailored to help law students prepare comprehensive answers for exams, complete with legal sections, examples, and point-wise formatting.

Meaning and Definition of Oral Evidence under BSA 2023

Meaning:

Oral evidence refers to any statement made by a witness in a courtroom regarding facts under judicial inquiry. It is primarily verbal and is used to prove or disprove facts in question during legal proceedings.

Definition under BSA 2023:

• Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 defines oral evidence:”All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry.”

Explanation:

• These are statements given under oath.
• They must relate to facts in issue or relevant facts.
• The statements must be given by a competent witness, as laid out under relevant provisions of BSA 2023.

Key Features of Oral Evidence:

1. Verbal Statements: Given in the form of speech.
2. In-Person Testimony: Witness must appear before the court.
3. Fact-Based: Should relate only to facts under inquiry.
4. Legally Admissible: Only if permitted by the court.

Section 55 – Oral Evidence Must Be Direct

• Oral evidence must be direct.
• For example:
  • If it refers to a fact that can be seen, the person must have seen it.
  • If it refers to a fact that can be heard, the person must have heard it.

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When Oral Evidence is Excluded by Documentary Evidence

The Bharatiya Sakshya Adhiniyam, 2023 introduces a comprehensive framework in Chapter VI (Sections 94 to 103) governing when oral evidence is excluded due to the presence of documentary evidence. This principle is rooted in the idea that documentary evidence is more concrete, reliable, and less vulnerable to manipulation, making it superior to oral statements in certain legal contexts.

This rule forms a core part of how oral evidence under BSA 2023 is regulated.

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Legal Principle: Written Law Overrides Spoken Word

As per Section 94, when the terms of a contract, grant, or disposition of property are reduced to writing, oral evidence is not admissible to contradict, vary, add to, or subtract from the written content.

In the context of oral evidence under BSA 2023, Chapter VI (Sections 94 to 103) lays out when such oral evidence is inadmissible due to the existence of written documents. The law prioritizes documentary evidence as a more trustworthy and permanent record, thereby limiting the use of oral evidence in many legal situations.

Students studying oral evidence under BSA 2023 must understand that the exclusion isn’t arbitrary—it is guided by legal safeguards and exceptions that uphold the reliability of written contracts and formal records. These provisions ensure that oral evidence under BSA 2023 cannot be misused to override legally drafted documents unless specific conditions like fraud or ambiguity apply.

This exclusion rule emphasizes that while oral evidence under BSA 2023 plays a crucial role in litigation, its application is narrowed when documentary evidence already exists to establish the same facts. Therefore, the legal system encourages parties to rely more on documents and restricts oral testimony in such cases.

Example:
If two parties sign a written agreement for sale of goods, one party cannot later introduce oral statements claiming different terms than those written in the document.

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Why Is Oral Evidence Excluded?

1. Authenticity: Documents are usually signed, registered, and harder to forge.
2. Certainty: Written words remain unchanged, unlike oral recollections.
3. Judicial Efficiency: Courts save time by relying on a clear record.
4. Fraud Prevention: Eliminates the risk of fabricated oral agreements.

This exclusion underscores the limited scope of oral evidence under BSA 2023, particularly in the presence of a valid document.

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Detailed Breakdown of Sections 94 to 103 (Chapter VI)

Section	Subject	Relevance
94	Terms of contracts in writing	Oral evidence not allowed when terms are written
95	Oral evidence admissible in cases of fraud, coercion, mistake, etc.	Exception to Sec 94
96	Oral evidence allowed for condition precedent	Shows when written document depends on an external condition
97	Oral evidence of subsequent oral agreements	Permitted unless the contract is legally required to be in writing
98	Usage or custom may be proved by oral evidence	To explain trade practices or implied terms
99	Oral evidence explaining ambiguous documents	Helps interpret vague or unclear wording
100–103	Extrinsic evidence and application to material facts	Explains identity, location, or intention in documents

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Real-World Legal Examples

Example 1: Property Sale Agreement

If a sale deed is registered, neither party can later introduce oral evidence to show a different sale price or additional conditions, unless claiming fraud (Sec 95).

Example 2: Loan Agreement with Oral Changes

If parties signed a loan agreement but later agreed orally to change the interest rate, that oral modification may be accepted under Section 97, provided the original contract didn’t prohibit oral variation.

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Exceptions: When Oral Evidence Is Allowed Despite a Document

While oral evidence is usually excluded when a document exists, the BSA 2023 allows exceptions under Sections 95 to 99:

1. Fraud or Coercion (Sec 95) – If a party claims the document was created under threat.
2. Condition Precedent (Sec 96) – Document is effective only if a prior condition is met.
3. Subsequent Oral Agreement (Sec 97) – Allowed if the contract permits changes.
4. Custom or Usage (Sec 98) – Allows addition of trade practices to written terms.
5. Ambiguity in Language (Sec 99) – Oral explanation allowed to clarify document.

These exceptions ensure that the rule excluding oral evidence is not absolute. Hence, oral evidence under BSA 2023 can still play a role in supporting, clarifying, or challenging documentary evidence—when legally justified.

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Key Provisions of BSA 2023 on Oral and Documentary Evidence

1. Section 54 – Oral Evidence

• Defines oral evidence as statements made by witnesses in court.

2. Section 55 – Oral Evidence Must Be Direct

• Oral evidence should be based on personal knowledge of the witness.

3. Sections 56 to 93 – Documentary Evidence (Chapter V)

• Includes primary and secondary evidence rules.

4. Sections 94 to 103 – Exclusion of Oral by Documentary Evidence (Chapter VI)

Key Sections:

• Section 94: Excludes oral evidence when a document exists to prove the terms of a contract, grant, or disposition of property.
• Section 95: Permits oral evidence to invalidate the document if fraud, intimidation, illegality, want of due execution, lack of capacity, or mistake is proved.
• Section 96: Allows oral evidence to show that a document was subject to a condition precedent.
• Section 97: Permits evidence of a subsequent oral agreement modifying a written contract.
• Section 98: Allows evidence of any usage or custom which adds incident to the terms of the contract.
• Section 99: Admits oral evidence to explain ambiguous language.
• Sections 100 to 103: Clarify when extrinsic evidence may be used to interpret or apply documents to specific facts.

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Conclusion

The Bharatiya Sakshya Adhiniyam, 2023 places significant emphasis on maintaining the integrity of documentary evidence over oral testimony, especially where the law mandates that certain transactions be evidenced in writing.

While oral evidence under Bharatiya Sakshya Adhiniyam 2023 remains crucial—particularly in cases involving witness testimony of events—its scope is limited when reliable documents are available. Chapter VI (Sections 94–103) of the BSA 2023 strictly governs when oral evidence is inadmissible due to the existence of documentary evidence, and also provides necessary exceptions.

For law students and exam aspirants, it is vital to understand these provisions thoroughly and be able to recall the section numbers, legal principles, and exceptions effectively.

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Frequently Asked Questions (FAQs)

Q1. What is the difference between oral and documentary evidence under BSA 2023?

• Oral Evidence (Sec 54–55): Spoken testimony by a witness in court.
• Documentary Evidence (Sec 56–93): Written/electronic records submitted as proof.

Q2. Which chapter deals with exclusion of oral evidence by documentary evidence in BSA 2023?

• Chapter VI (Sections 94 to 103).

Q3. Can oral evidence be used to contradict a written contract?

• No, unless it falls under the exceptions in Sections 95 to 99, such as fraud, mistake, or subsequent agreement.

Q4. What is the significance of direct oral evidence?

• It ensures reliability by requiring the witness to testify only about facts they directly perceived.

Q5. What happens if the original document is lost?

• Secondary evidence can be presented as per Sections 58 and 59.

Q6. Are WhatsApp chats considered documentary evidence?

• Yes, under Section 56, electronic records are included in documentary evidence.

Q7. What is a condition precedent in legal terms?

• It is a condition that must be fulfilled before the contract becomes effective. Section 96 allows oral evidence to prove such conditions.

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Impact on Legal Practice and Exams

Understanding when oral evidence is excluded by documentary evidence under BSA 2023 is a common and high-scoring question in law exams. Students must:

• Mention Chapter VI and its Sections 94 to 103
• Write clearly about the rule and its exceptions
• Provide practical examples
• Use phrases like “oral evidence under BSA 2023 is excluded when…”

This updated explanation helps form a strong conceptual base for both academic success and legal practice. Always revise with actual section references and examples for scoring well in law exams.