Hearsay Evidence is not an evidence. Exceptions. In BSA / Evidence Act

Описание: Hearsay evidence is no evidence" reflects the rule that out-of-court statements offered for their truth are generally unreliable and inadmissible because the original speaker isn't cross-examined, but exceptions exist for reliability/necessity, including Res Gestae (spontaneous statements), Admissions/Confessions (against interest), Dying Declarations, and Business Records, allowing such statements if made under circumstances suggesting truthfulness or when direct evidence is impossible to get, notes Wikipedia and Lawctopus. 

Why Hearsay Is Generally Excluded

Unreliable: The original speaker (declarant) wasn't under oath and can't be tested for truthfulness. 

No Cross-Examination: Opposing counsel can't challenge the declarant's perception, memory, or sincerity. 

Risk of Fabrication: Statements made outside court can be easily distorted or invented. 

Key Exceptions (Examples from Indian Law/Common Law)

Res Gestae (Section 6): 

Statements made spontaneously as part of the same transaction, leaving no time for fabrication (e.g., a victim's cry immediately after an assault). 

Admissions & Confessions: 

Statements against one's own interest (e.g., admitting guilt or owing money) are presumed true because people don't usually lie against themselves

Dying Declarations (Section 32): 

Statements about the cause of death by someone who believes they are dying, considered reliable due to the solemnity of the situation. 

Statements by Deceased Persons (Section 32): 

Statements made by dead persons against their interest, in the course of business, or related to family history, notes

Business Records: 

Records made in the regular course of business, presumed accurate. 

Former Testimony (Section 33): 

Testimony given in previous proceedings by a witness who is now unavailable (dead, missing).