hearsay

Hearsay is second-hand evidence: a witness reports what another person told him, and the court is asked to believe the other person's statement though that person was not examined on oath or cross-examined. Indian law excludes it through s.55 BSA (old s.60 Evidence Act), which requires oral evidence to be direct: a witness may speak only of what he saw, heard or perceived himself.

There are important exceptions, including statements forming part of the same transaction (res gestae, s.4 BSA, old s.6), dying declarations and other statements of persons who cannot be called (s.26 BSA, old s.32), evidence given in earlier proceedings (s.27 BSA, old s.33), admissions and confessions. Note that evidence that a statement was made, offered only to prove that it was made and not that it was true, is not hearsay.

Example

The constable's testimony that a passer-by told him “the accused ran that way” is hearsay and inadmissible to prove that the accused ran.

In Indian law

• Section 55, Bharatiya Sakshya Adhiniyam, 2023 (old s.60, Evidence Act, 1872)
• Sections 4, 26 and 27, Bharatiya Sakshya Adhiniyam, 2023 (old ss.6, 32 and 33)

See also

oral evidence · direct evidence · res gestae · dying declaration

Read more in the study notes

• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Res gestae, motive, conduct, identification, conspiracy and alibi (sections 4 to 9) (Bharatiya Sakshya Adhiniyam)
• Dying declarations (section 26(a)) (Bharatiya Sakshya Adhiniyam)
• Facts which need not be proved, and oral evidence (sections 51 to 55) (Bharatiya Sakshya Adhiniyam)
• First hearing, framing of issues, discovery, admissions, affidavits and adjournments (Civil Procedure Code and Limitation Act)
• Legal words and their usage: Accused to Juvenile (English)