Definition and Legal Basis
Hearsay evidence refers to a statement made outside the court that is offered to prove the truth of the matter stated. Under Section 60 of the Indian Evidence Act, 1872, hearsay evidence is generally inadmissible, as it is not based on the personal knowledge of the witness. The rationale is that such evidence cannot be tested through cross-examination, making it unreliable. Hearsay includes reports, rumors, or statements made by someone who did not directly observe the fact but communicated it to another, who then presents it in court.
Exceptions to Hearsay Evidence
Although generally inadmissible, the law provides specific exceptions where hearsay evidence may be accepted:
- Dying Declarations (Section 32) – Statements made by a person on the verge of death.
- Statements of a Deceased Person (Section 32) – When the deceased cannot testify.
- Statements in Public Documents (Sections 74–78) – Official records or certified copies.
- Statements in Family or Business Records (Sections 34–35) – When entries are made in regular course of duty.
- Statements under Special Circumstances – For example, admissions, confessions, or statements against interest.
These exceptions ensure that critical evidence is not excluded merely because it is technically hearsay.
Evidentiary Significance
Hearsay evidence is treated with caution because the witness did not personally perceive the fact and cannot be cross-examined for accuracy or credibility. Courts often require corroboration by direct evidence before acting on hearsay. The Indian Evidence Act strikes a balance by excluding unreliable hearsay while allowing exceptions where the circumstances justify reliance, such as in dying declarations or official records. This ensures that justice is served without compromising on the reliability of evidence.
Real-Time Example
In a murder case, a witness reports that the victim told them before dying that the accused attacked him. This statement qualifies as a dying declaration under Section 32, which is an exception to the hearsay rule. Although the witness did not personally witness the crime, the court admits the statement because it was made under circumstances indicating credibility, and corroborative evidence, like medical reports and police investigation, supports the claim.
Mnemonic to Remember
Mnemonic: “H-E-A-R-S”
- H – Heard from Others: Not direct personal knowledge.
- E – Excluded Generally: Inadmissible under Section 60.
- A – Allowed in Exceptions: Dying declarations, public records, etc.
- R – Reliability Checked: Corroboration often required.
- S – Statements Outside Court: Made outside formal proceedings.
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