Code: Section 54 BSA
“All facts, except the contents of documents, may be proved by oral evidence.”
Explanation of Section 54 BSA
Section 54 of the Bharatiya Sakshya Adhiniyam (BSA) lays down a foundational principle in the Indian law of evidence: that facts may be proved through oral evidence, except where those facts pertain to the contents of a document. This provision emphasizes the validity of witness testimony in proving facts while drawing a clear distinction for evidentiary requirements concerning documents.
Key Takeaways:
- Oral evidence is admissible for proving all facts except the contents of documents.
- If the fact to be proved is the content of a document, the document itself or secondary evidence of it must be produced under relevant provisions (Sections 59 to 65 BSA).
- This ensures authenticity in document-related claims while allowing other facts to be established via oral testimony.
Illustration
Example 1: Proving a Fact Orally
A witness testifies in court that they saw the accused at the crime scene. This fact can be proved by oral evidence under Section 54, as it is not related to the contents of any document.
Example 2: Document-Based Claim
A person claims that a written agreement states specific terms. These terms cannot be proven merely through oral testimony. The original agreement or admissible secondary evidence must be produced, as oral evidence of document contents is not permissible under Section 54.
Common Questions and Answers on Section 54 BSA
1. Can all facts be proved by oral evidence?
Yes, except for facts concerning the contents of a document. Those must be proved by producing the document itself or valid secondary evidence under other provisions of the BSA.
2. What if the original document is lost?
In such cases, secondary evidence may be introduced as per Sections 60 to 65 of the BSA, but not under Section 54.
3. Can oral evidence override documentary evidence?
Generally, no. Documentary evidence has greater evidentiary value and cannot usually be contradicted by oral evidence, except under certain conditions permitted by law.
4. What kind of facts can be proved orally?
Facts such as physical actions, presence at a location, spoken words, and other observable events can be proved by oral testimony under Section 54.
Conclusion
Section 54 of the Bharatiya Sakshya Adhiniyam plays a critical role in the evidentiary framework by recognizing oral evidence as a valid method for proving facts—except when those facts involve the contents of documents. It upholds the need for accuracy and integrity in document-based claims while allowing the flexibility of oral testimony in other situations.
