Section 60 IEA enacts the rule that oral evidence must be DIRECT, namely:
Aany statement made on hearsay is freely admissible regardless of source (cf. Indian Evidence Act, Section 60)
Bthe witness must have a written statement made before a magistrate in court (cf. Indian Evidence Act, Section 60)
Conly documentary evidence is admissible in any court of law in India (cf. Indian Evidence Act, Section 60)
Dthe witness must have personally perceived the fact deposed to (by sight, hearing or other senses)
Answer & Solution
Correct answer: D. the witness must have personally perceived the fact deposed to (by sight, hearing or other senses)
1. Section 60 IEA: 'Oral evidence must, in all cases whatever, be direct; that is to say — if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; if it refers to 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.'
2. This codifies the HEARSAY rule — second-hand testimony is generally inadmissible.
3. Exceptions include dying declarations (Section 32), admissions (Sections 17-23), res gestae (Section 6).
4. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — Indian Evidence Act, Section 60_
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