And of course there are about a dozen exceptions to the rule.
What is hearsay rule of evidence. The rule of hearsay regulates the drawing of evidential inferences 25. The best evidence rule is essentially that evidence should be given by the person best capable of giving it. The hearsay evidence rule is.
NOTES Contemporaneous contemporary. Exceptions to the Rule Against HearsayWhen the Declarant Is Unavailable as a Witness. Hearsay is an out of court statement made in court to prove the truth of the matter asserted.
The law of evidence also allows hearsay evidence to be admitted in a trial if the judge decides that evidence is necessary and reliable. Therefore we can conclude that it is second-hand information. It has a sound element of trustworthiness.
The Apex Court in the case of State of Haryana v. The law on hearsay is set out in the Criminal Justice Act 2003 CJA sections 114 - 136. Exceptions to the hearsay rule Not all out-of-court statements are hearsay.
Hearsay evidence means any information which a person gathers or collects from a person who has first-hand knowledge of that fact or information. It is allowed if a statute says it is permitted. If person C has evidence to give that is relevant to a proceeding under the best evidence rule person C should be called as a witness to give that evidence.
Rattan Singh 26 held that there is no allergy to hearsay evidence in such enquiry provided it has reasonable nexus and credibility. Rule 802 does a great job of telling us when hearsay is allowed in as evidence. Hearsay means a statement not made in oral evidence that is.