Lecture 20 | Oral Evidence and Burden Of Proof | भारतीय साक्षीय अधिनियम

Lecture 20 of the *Bhartiya Sakshiya Adhiniyam (Indian Evidence Act)* covers two essential concepts: *Oral Evidence* and the **Burden of Proof**. These principles are foundational to the functioning of the judicial system, guiding how facts are established and proven in court.

*Oral Evidence (Sections 59-60):*
Oral evidence refers to spoken statements made by witnesses in court regarding what they have seen, heard, or experienced. It plays a crucial role in proving facts in legal proceedings.

#### Key Aspects:
1. *Section 59 - Oral Evidence Must Be Direct:*
All oral evidence must relate to the facts in issue and must be direct. This means the witness must testify to things they have personally seen, heard, or perceived through their own senses.

2. *Section 60 - Exclusion of Hearsay Evidence:*
Hearsay evidence, which is a statement made by a person not present in court, is generally inadmissible unless it falls under certain exceptions (like dying declarations).
Oral evidence must be given by the person who has direct knowledge of the facts, ensuring reliability.

3. *Importance of Cross-Examination:*
Witnesses giving oral evidence are subjected to cross-examination, which helps verify the credibility and truthfulness of their testimony.

#### *Illustration:*
If a witness testifies in a theft case, they must have directly seen the accused committing the theft or overheard the accused planning it. The testimony must be based on personal observation, not what someone else told them.

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*Burden of Proof (Sections 101-114):*
The burden of proof refers to the responsibility of a party to prove the facts in issue in a case. It is a fundamental rule of evidence law that the party making a claim must prove their assertions.

#### Key Aspects:
1. *Section 101 - Who Has the Burden of Proof:*
The party who makes a claim or asserts a fact must prove it. For example, in a criminal case, the prosecution has the burden of proving the guilt of the accused beyond a reasonable doubt.

2. *Section 102 - On Whom the Burden Lies:*
In civil cases, the burden of proof typically lies on the plaintiff, while in criminal cases, it is on the prosecution. The burden shifts if the other party makes a counterclaim or introduces evidence.

3. *Section 103 - Facts that Must Be Proven:*
Any party asserting a fact must present evidence to prove that fact. The opposing party is not required to disprove assertions unless they introduce contrary evidence.

4. *Presumption and Shifting of Burden:*
In some cases, the law presumes certain facts, shifting the burden to the opposing party to disprove them. For instance, the burden may shift to the accused if a presumption of guilt is established based on the facts presented.

#### *Illustration:*
In a murder trial, the prosecution must prove that the accused committed the murder. If they establish a strong case, the burden may shift to the defense to disprove the prosecution’s claims or provide an alibi.

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