Section 55 of BSA : Section 55: Oral evidence to be direct.

Explanation using Example

Example 1:

Scenario: A Road Accident

Ravi was walking on the sidewalk when he witnessed a car accident at a busy intersection in Mumbai. He saw a red car run a red light and crash into a blue car that was crossing the intersection legally.

Application of Section 55:

• Fact Seen: Ravi can provide oral evidence in court stating that he saw the red car run the red light and crash into the blue car. His testimony is direct evidence because he personally witnessed the event.

Example 2:

Scenario: A Theft in a Market

Priya was shopping at a local market in Delhi when she heard someone shout, "Thief! Thief!" She turned around and saw a man running away with a woman's purse.

Application of Section 55:

• Fact Heard: Priya can provide oral evidence in court stating that she heard someone shout "Thief! Thief!" This is direct evidence because she personally heard the shout.
• Fact Seen: Priya can also testify that she saw the man running away with the purse, which is direct evidence of what she saw.

Example 3:

Scenario: Smell of Gas Leak

Arjun was in his apartment in Bangalore when he smelled a strong odor of gas. He immediately called the building maintenance to report a potential gas leak.

Application of Section 55:

• Fact Perceived by Sense of Smell: Arjun can provide oral evidence in court stating that he smelled gas. This is direct evidence because he personally perceived the smell.

Example 4:

Scenario: Expert Opinion on Handwriting

Dr. Mehta, a renowned handwriting expert, has written a book on handwriting analysis. Unfortunately, Dr. Mehta has passed away.

Application of Section 55:

• Expert Opinion: In a forgery case, the court can accept the opinions expressed in Dr. Mehta's book as evidence, even though Dr. Mehta cannot testify in person. The book can be produced in court to prove the expert opinion.

Example 5:

Scenario: Condition of a Damaged Car

During a property damage case, the condition of a damaged car is in question. The car is available for inspection.

Application of Section 55:

• Material Thing Inspection: The court may require the production of the damaged car for its inspection to verify its condition, rather than relying solely on oral evidence about the car's condition.