Is hearsay evidence admissible in court in India?

The main circumstances in which hearsay evidence is admissible include Res Gestae, Admissions and confessions, dying declarations, and evidence is given in prior hearings. Each of these exceptions will be looked at in this section. The principle of Res Gestae is covered under Section 6 of the Indian Evidence Act.

What is Section 91 of the Indian Evidence Act?

Section 91 of the Indian Evidence Act, 1872 lays down the provision that when evidence related to contracts, grants and other depositions of the property is reduced as a document, then no evidence is required to be given for proof of those matters except the document itself.

What is Section 6 of the Indian Evidence Act?

Relevancy of facts forming part of same transaction. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

What are the 3 states of mind involved in hearsay?

N.C. Rule 803(3) provides a hearsay exception for statements “of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or …

Which hearsay evidence is admissible?

“Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements …

When can hearsay evidence be admissible?

The court in Ndhlovu addressed the application of s 3(1)(b) of the 1988 Act, which provides that hearsay evidence will be admissible if ‘the person upon whose credibility the probative value of such evidence depends, himself testifies at such proceedings’.

What is relevant under section 8 of Evidence Act?

Section 8 of the Act[1]: Motive, Preparation and Previous or Subsequent Conduct Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

What is ambiguity in Evidence Act?

Section 93 of the Indian Evidence Act says that evidence cannot be given to explain or amend (change) an ambiguous document when the document’s language on the face appears to be ambiguous or defective to show its meaning or to rectify its defects.

What is Section 5 of Evidence Act?

Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

When can hearsay evidence be used?

Hearsay is not explicitly defined in the CJA but the opening words of s. 114(1) taken together with s. 115(3) effectively define it as a representation of fact or opinion made by a person, otherwise than in oral evidence in the proceedings in question, when tendered as evidence of any matter stated therein.