Hearsay Evidence Inadmissible

Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence3a.

Statement of witness based on information received from others is inadmissible3.

The Apex Court in Kalyan Kumar Gogoi V Ashutosh Agnihotri3, had provided reasons why hearsay evidence is not received as relevant evidence are:

(1) The person giving such evidence does not feel any responsibility. The law requires all evidence to be given under personal responsibility. i.e., every witness must give his testimony, under such circumstances, as expose him to all the penalties of false hood.

(2) Truth is diluted and diminished with each repetition, and

(3) If permitted, gives ample scope for playing fraud by saying “someone told me that………..”

S. Hemanth

Advocate and Managing partner at Hemanth & Associates

Bangalore

E-mail: hemanthvakil@gmail.com