Hearsay Evidence

The word ‘hearsay’ is used in various senses. Sometimes it means whatever a person is heard to say; sometimes it means whatever a person declares on information given by someone else-Stephen.

The term ‘hearsay’ is used with references to that which is written as well as that which is spoken, and in its legal sense, it denotes that kind of evidence which does not derive its value solely from the credit to be given to the witness himself, but rests also in part on the competency of some other person. In the above-mentioned example when the witness says he himself did not hear the defamatory statement and another person said to him about this, the credit of hearing goes to some other person.  The evidence of a statement made to a person who himself is not called as a witness may or may not be a witness.

The correct rule as to hearsay is that. statement .oral or written reported to have been made by persons not called as witness are not admissible in evidence subject to certain exceptions. These exceptions are to be found in sections 17 to 39, (1) Admissions, and (2) confessions are exceptions to hearsay rule. So are (3) certain statements ,made by persons dead or who cannot be called as witness which include dying declarations, statements made in due course of business, statements against interest, statements giving opinion as to public right or custom , statement relating to pedigree (section 32) ;(4)previous deposition of a witness who is dead or cannot be called as a witness (section 33) ;(5)Entries in books of account kept in the course of business.(section 34); entries in public registers or records(section 35); maps and charts etc.

Circumstantial evidence though not direct evidence of the facts of issue or relevant facts, cannot be said identical with hearsay evidence. As a conclusion it can be stated that hearsay evidence is that which has been derived from another person. Hearsay is secondary one and it is admitted in exceptional cases . In case of hearsay evidence , the person giving evidence does not take the responsibility of its veracity. The person giving hearsay evidence is not the author of original evidence. It is derived from the original author. In case of hearsay evidence ,the person giving hearsay evidence is not original source of evidence given by him.  

Reference:

  1. The Indian Evidence Act – Batuk Lal – Central Law Agency
  2. https://lawshelf.com                 
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Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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