HEARSAY RULE AND EXCEPTIONS IN INDIAN EVIDENCE LAW

In Indian evidence law, the Hearsay Rule is a fundamental principle that governs the admissibility of out-of-court statements made by someone other than the witness who is testifying. The general rule is that hearsay evidence is not admissible in court. Hearsay is considered to be less reliable than firsthand testimony because the original speaker is not present to be cross-examined.

However, like in other jurisdictions, there are several exceptions to the Hearsay Rule in Indian evidence law. These exceptions allow for the admission of certain types of hearsay evidence when certain conditions are met. Some of the notable exceptions under Indian law include:

1. Dying Declaration: A statement made by a person who is on the verge of death, relating to the cause of their death or the circumstances leading to their death, is admissible as evidence. The statement must be shown to have been made under a sense of impending death and must be of a nature that the declarant would not have made unless they believed their death was imminent.
2. Res Gestae: Statements made contemporaneously with an act or event, and which form part of the transaction, are admissible as evidence. These statements are considered to be so closely connected to the principal transaction that they are deemed trustworthy and reliable.
3. Excited Utterance: Statements made by a person under the influence of a startling event or condition, and before they have had time to fabricate or distort the statement, may be admissible as evidence. The statement must be made spontaneously and without any opportunity for reflection.
4. Official Statements: Statements contained in official records or documents, such as government reports, public registers, and certified copies of public documents, are generally admissible as evidence. These statements are considered reliable and are often exempt from the hearsay rule.
5. Statements in the course of business: Statements made by a person in the ordinary course of business, such as entries in business records, can be admitted as evidence. These statements are deemed reliable because they are made in the normal course of business and are usually recorded at or near the time of the event.

It is important to note that the admissibility of hearsay evidence and its exceptions can be subject to judicial discretion and the specific facts and circumstances of each case. The judge ultimately determines whether a particular statement falls within an exception and can be admitted as evidence.