“Hearsay Evidence is No Evidence” – Explained with Exceptions

Introduction

In the Indian judicial system, evidence plays a crucial role in uncovering the truth behind any case. However, not all types of evidence are admissible in court. One such category is hearsay evidence, which is generally not recognized in a court of law.

Under the Indian Evidence Act, 1872, only direct evidence is given priority. Section 60 clearly states that a witness must testify only about facts that they have personally seen, heard, or experienced. If a witness presents information they did not personally witness but heard from someone else, it is considered hearsay evidence and is typically rejected by the court.

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1️⃣ What is Hearsay Evidence?

Definition:

"When a person, during court proceedings, presents a statement made by a third party as evidence—without having personally witnessed the event—it is called hearsay evidence."

Example:

• Ram heard Shyam say that he saw Mohan commit murder. If Ram testifies in court, saying "Shyam told me that he saw Mohan commit murder," this would be hearsay evidence.
• CCTV footage witness – If a witness says in court, "Another person saw the accused in the CCTV footage," this would also be considered hearsay evidence.

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2️⃣ Why is Hearsay Evidence Inadmissible?

Courts generally reject hearsay evidence for the following reasons:

1. Lack of Reliability

The witness has not directly observed the event, making their testimony uncertain and questionable.

2. No Cross-Examination Possible

Statements made by someone else cannot be cross-examined in court, making them unreliable.

3. Possibility of Misinterpretation

Information can change when passed from one person to another, leading to misinterpretation or distortion.

4. Lack of Authenticity

It becomes difficult to verify whether the statement was actually made or not.

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3️⃣ Exceptions to the Rule of Hearsay Evidence

However, in certain cases, hearsay evidence is considered valid and admissible in court. The Indian Evidence Act, 1872, provides the following exceptions:

1. Dying Declaration – Section 32(1)

A statement made by a person before their death is admissible if it relates to the cause of their death.
✅ Example: A person who has been shot says before dying, "Amar shot me."

2. Admission – Sections 17-23

Any admission made by an accused person regarding a crime is considered evidence.
✅ Example: An accused person tells the police, "I committed the theft."

3. Statement of a Deceased or Unavailable Witness – Section 33

If a witness is unavailable (e.g., has passed away), their previously recorded statement can be used in court.

4. Business and Public Records – Sections 74-75

Government documents, company records, FIRs, birth and death certificates, etc., are admissible as evidence.

5. Electronic Evidence – IT Act, 2000

Emails, phone recordings, CCTV footage, etc., are considered valid evidence, provided their authenticity is established.

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4️⃣ Landmark Indian Judgments on Hearsay Evidence

📌 Kalyan Kumar Gogoi v. Ashutosh Agnihotri (2011)

The Supreme Court ruled that hearsay evidence has no value unless it falls under an exception.

📌 State of UP v. Raj Narain (1975)

The court emphasized that only direct evidence should be given primary importance.

📌 Pakala Narayan Swami v. Emperor (1939)

A dying declaration was accepted as evidence in this case, as it qualified under the exceptions.

📌 Ram Bihari Yadav v. State of Bihar (1998)

The court ruled that if a witness cannot directly confirm a fact, their testimony should not be accepted.

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5️⃣

Country	Recognition of Hearsay Evidence
USA	Generally inadmissible, except in some exceptions.
UK	Mostly inadmissible, but business records and government documents are accepted.
India	Accepted only under exceptions.

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6️⃣ Conclusion

The principle "Hearsay Evidence is No Evidence" holds strong in the Indian judicial system. Courts consider only direct evidence that can be cross-examined and verified. However, in certain cases—such as dying declarations, business records, and electronic evidence—hearsay statements may be accepted under legal exceptions.

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7️⃣ Call to Action – What Can You Do?

✅ If you are a law student, read more case studies on this topic.
✅ Lawyers and researchers, share your thoughts and experiences.
✅ If you found this post useful, share it with others and let us know your views!

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📌 SEO and Visual Suggestions:

📊 Infographics: Differences between hearsay evidence and direct evidence.
📋 Tables: Clearly listing the exceptions.
⚖️ Courtroom Scene: Illustration showing a judge rejecting hearsay evidence.

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