Ayush Kumar

11010224179
BBA LLB C
INTERIM SUBMISSION (Law of Evidence)
Title of the Project: Admissibility and Relevance of Hearsay
Evidence
INTRODUCTION
The general English rule that hearsay is no evidence has been enacted in
Section 60 of the Indian Evidence Act. The term hearsay is generally
used to indicate the evidence which does not derive its value from the
credit given to the witness himself but which rests also in part al the
veracity and competence of some other person. Hearsay evidence is
considered untrustworthy since the original maker of the statement is not
before the court as a witness. The time lag before the statement is
repeated in the court may introduce distortions. Further the original
declarant was not put on oath before making the statement and he is not
available in the court or cross-examination.
The main thrust of the rule against hearsay being on the need and
prudence of affording an opportunity of cross-examining the original
maker of the statement.
EXCEPTION TO HEARSAY RULE
There are number of exceptions to the rule of hearsay. All exceptions
have been imported in the Evidence Act. Primarily, the exceptions are to
be found in Sections 17 to 39 of the Act as well as in Proviso to Section
60. These include admission, confession, statement of persons who are
dead, or cannot be found etc., entries in books of account, statement in
public document, maps and charts, reputation, expert opinion and
statement of experts in treaties (Proviso to Section 60). The exception is
also extended to the rule of res gestae (Section 6). It is therefore, said
that under certain circumstances the hearsay evidence is held admissible,
particularly when it relates to the question of the credibility of witness.

SYNOPSIS
OBJECTIVE OF THE STUDY:
Objective of the study is to

Completely analyze the provisions relating to hearsay evidence in

the Indian Evidence Act, 1872

Analyze the cases relating admission and relevance of hearsay

evidence

Find out the exceptions relating to admission of hearsay evidence

RESEARCH METHODOLOGY
This

research project will primarily include secondary sources

of

information, such being, accessing the books available in the library and
browsing on all the available online search engines provided by the
college. On the basis of the knowledge gained from all of the abovementioned sources a critical analysis will be made of the topic. All
citations will be in accordance with the guidelines mentioned in the
teaching plan.

CONCLUSION
It can be concluded that hearsay evidence, (which is indirect &
derivative) is not admissible to prove truthfulness of the heard statement.
Still Section 60 says that hearsay evidence is admissible, but for certain
purpose and that is, to prove something heard which is not actually seen.