Meaning and Legal Basis
Hearsay evidence refers to statements made outside the courtroom and later presented in court to prove the truth of the matter asserted. In simple terms, it is second-hand evidence, where the witness testifies not about what they personally saw or heard but about what someone else told them. Under the Indian Evidence Act, 1872, hearsay evidence is generally inadmissible, as it violates the rule that only direct and primary evidence should be accepted. This principle is derived from Sections 59 and 60, which mandate that oral evidence must be direct. The logic is that hearsay lacks reliability because the person who originally made the statement is not available for cross-examination, making verification difficult. Exceptions exist, such as dying declarations and statements forming part of res gestae.
Reasons for Exclusion of Hearsay Evidence
Hearsay is excluded because it lacks credibility, as the original speaker is not present before the court. The court cannot observe their demeanour, test their truthfulness, or evaluate their accuracy. Moreover, it creates a risk of distortion, exaggeration, and misunderstanding during transmission from one person to another. The Evidence Act upholds the principle that only best evidence should be presented, ensuring the court relies on first-hand knowledge rather than borrowed statements. However, certain statutory and judicially recognized exceptions—such as Section 6 (Res Gestae), Section 32 (Dying Declaration), and Section 10 (Conspiracy statements)—permit admission of otherwise hearsay statements, provided they have inherent reliability and necessity.
Exceptions to Hearsay Evidence
Although generally inadmissible, hearsay evidence becomes admissible in specific situations where the law recognizes its necessity and reliability. Under Section 32, a dying declaration is considered reliable because a person at the verge of death is unlikely to lie. Similarly, under Section 6, statements forming part of the same transaction (res gestae) are admissible as they are spontaneous and directly connected to the event. Statements made by co-conspirators during the course of a conspiracy are admissible under Section 10, as they help establish the joint intention of the conspirators. These exceptions ensure that justice is not defeated by strict application of rules when otherwise reliable evidence exists.
Real-Time Example
Suppose a witness tells the court, “My neighbour told me that he saw the accused commit the theft.” This is hearsay, as the witness has no personal knowledge of the event. The neighbour who actually saw the theft must appear in court to testify directly. If the neighbour had died or was unavailable, the statement would remain inadmissible unless it fell under a statutory exception like Section 32. This demonstrates how hearsay evidence can weaken a case because the court cannot test the reliability of the original source. It also shows why direct testimony is essential for establishing truth.
Mnemonic to Remember Hearsay Evidence
Mnemonic: “H-E-A-R-S-A-Y”
- H – Hears from others, not personal knowledge
- E – Excluded under Sections 59–60
- A – Admissible only in exceptions
- R – Reliable only when legally recognized
- S – Statements like dying declarations allowed
- A – As part of res gestae under Section 6
- Y – Yet generally not accepted in court
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