The reliability and credibility of evidence are considered important for providing justice. One of the critical aspects of evidence law is how we deal with “hearsay evidence.” The Bharatiya Sakshya Adhiniyam,2023 (BSA),does not explicitly define hearsay evidence, leaving it open to interpretation.The inadmissibility of such evidence is well established under BSA, with specific exceptions where hearsay can be considered.
What is Hearsay Evidence?
BSA doesn’t provide a specific definition for ‘ Hearsay Evidence’. Stephen explains that the term ‘ Hearsay’ is used in different contexts, at times referring to something a person directly says, and at other times indicating a statement made based on information from another individual.In simpler way, it’s when a person tells about something they didn’t directly see or hear but heard from someone else. For example, if a person says, “I heard from ‘B’ that the defendant was at the scene,” this will be considered as hearsay. It means the person didn’t see the event himself ; they are just telling what someone else said to them.
Key Components
HEARSAY EVIDENCE INADMISSIBILITY
- The Hearsay Evidence inadmissibility is established through Section 55 of the Bharatiya Sakshya Adhiniyam,2023 (BSA) which enforces the requirement for direct oral evidence.This means the testimony must come from individuals who personally observed, heard, perceived, or formed opinions about a fact based on specific grounds.
- Hearsay Evidence, being indirect and secondary, lacks the strength to convincingly demonstrate the existence of a fact. Its inherent vulnerabilities and potential for deceit underline the comprehensive exclusion of hearsay evidence.
Exceptions
- Res Gestae (Section 4 of BSA):Statements that are related so closely to the event that they form part of the same transaction may be considered admissible.
- Admissions and Confessions (Sections 15-24 of BSA):Statements made by a party involved in the case, admitting certain facts or confessing to certain actions, can be considered admissible.
- Statements by Persons Who Are Dead or Unavailable (Section 26 of BSA): where the person who made the statement is deceased or cannot be found ,their statements may be admitted as evidence.
- Evidence Given in Former Proceedings (Section 27 of BSA): If a witness’s statement was recorded in a previous legal case involving the same parties and the witness is now unavailable, that testimony may be considered and may be admissible.
- Statements in Books of Accounts, Public Documents, and Other Records (Sections 28-32 of BSA):Entries in business records, public documents, or other official records can be admitted as evidence.
- Proviso to Section 55 of BSA:This proviso allows certain statements, to be considered as hearsay, to be admissible if they meet specific legal criteria, like expert opinions or reputation evidence.
Examples
- When a witness states that they didn’t witness an event personally but were informed by another person, the credibility of observing the event doesn’t belong to the witness but rather to the other individual.
- A witness tells that, “Right after the accident, the victim shouted with fear, ‘That car ran the red light!'” Since this statement was immediately made after the event, it is related closely to the incident and may be admissible under the res gestae exception.
Why is this Important?
Hearsay Evidence is often not taken into account and is excluded because it can be unreliable and considered very difficult to verify. If hearsay evidence were freely admitted, it could lead to many unfair results , as the evidence might be based on second-hand information that has been distorted or misrepresented.
Under Bharatiya Sakshya Adhiniyam,2023(BSA),the courts aim to balance the need for justice with the necessity of ensuring reliable and accurate testimony, highlighting the significance of evaluating hearsay evidence carefully and within the framework of established legal principles.
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