What is hearsay evidence? What are the exceptions to the rule of hearsay .....Evidence Act, 1972?

Question: What is hearsay evidence? What are the exceptions to the rule of hearsay under the Indian Evidence Act, 1972? [HPJS 2019]

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Answer

Hearsay evidence refers to any statement, oral or written, made by a person who is not called as a witness in the case, and such a statement is presented before the court to prove the truth of its contents. Since the person who made the statement is not present for cross-examination, hearsay evidence is generally considered unreliable and inadmissible in judicial proceedings.

The rule against hearsay is based on the premise that evidence must be direct, meaning that the person testifying must have personally witnessed or perceived the facts.

While the Indian Evidence Act, 1872, does not explicitly define hearsay evidence, it implicitly excludes it through Section 60, which requires that oral evidence must be direct.

In the context of Section 60 Markbay J., in Nilkanto v. Juggobandhu, 12 BLR App 18, observed as:

"This section provides that where it (oral evidence) refers to a fact, which could be seen, it (oral evidence) must be the evidence of a witness who says he saw it."

Exceptions to the Rule of Hearsay under the Indian Evidence Act, 1872

Although hearsay evidence is generally excluded, the law recognizes certain exceptions where it is admissible:

(i) Res Gestae (Section 6)

Statements that are part of the same transaction and made spontaneously without manipulation are admissible.

(ii) Admissions and Confessions (Sections 17–31)

Statements made by a party to a case, which go against their interest, are admissible as an exception to hearsay.

(iii) Dying Declaration [Section 32(1)]

A statement made by a person regarding the cause of their death is admissible.

(iv) Statements in Public Documents (Sections 35 & 74)

Records maintained by public officers, such as birth certificates, court judgments, and government records, are admissible.

(v) Statements in Books of Account (Section 34)

Entries in books of account regularly maintained in the course of business are admissible as an exception to hearsay.

(vi) Evidence in Former Judicial Proceedings (Section 33)

Evidence given in a previous judicial proceeding can be used in a later trial if the witness is unavailable due to death, incapacity, or other valid reasons.

(vii) Expert Opinion (Sections 45–51)

Opinions of experts, such as forensic specialists or medical professionals, are admissible even if they are not directly testifying in court.

While the general rule disallows hearsay evidence, the Indian Evidence Act, 1872, provides specific exceptions to ensure justice is not hindered due to the absence of direct testimony. These exceptions recognize situations where indirect evidence retains high probative value and reliability.