Exception Of Hearsay Evidence Under S
Exception of Hearsay Evidence under S. 73A of the Evidence Act
Hearsay can be defined as the 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 evidence. Hearsay evidence is generally not accepted in court. The general rule is that all relevant evidence are prima facie admissible, except for hearsay and opinion. However, under the Evidence Act 1950, there are basically some exceptions to the general rule regarding to hearsay evidence. Among the exceptions are sections 32, 33, 34, 35, 38 and 73A of the said Act1. Apart from the Evidence Act, there are also exceptions under Common law which is known as the Res Gestae principle.
Section 73A is basically dealing with the admissibility of documentary evidence in civil cases whereby subsection (1) stated that “ Notwithstanding anything contained in this Chapter, in any civil proceedings where direct oral evidence of a fact would be admissible any statement made by a person in a document and tending to establish that fact shall, on production of the original document be admissible as evidence of that fact if the following conditions are satisfied: If the maker of the statement either had personal knowledge of the matters dealt with by the statement; or where the document in question is or forms part of a record purporting to be a continuous record, made the statement in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have had, personal knowledge of those matters; and If the maker of the statement is called as a witness in the proceedings.” Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the seas and it is not
Hearsay can be defined as the 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 evidence. Hearsay evidence is generally not accepted in court. The general rule is that all relevant evidence are prima facie admissible, except for hearsay and opinion. However, under the Evidence Act 1950, there are basically some exceptions to the general rule regarding to hearsay evidence. Among the exceptions are sections 32, 33, 34, 35, 38 and 73A of the said Act1. Apart from the Evidence Act, there are also exceptions under Common law which is known as the Res Gestae principle.
Section 73A is basically dealing with the admissibility of documentary evidence in civil cases whereby subsection (1) stated that “ Notwithstanding anything contained in this Chapter, in any civil proceedings where direct oral evidence of a fact would be admissible any statement made by a person in a document and tending to establish that fact shall, on production of the original document be admissible as evidence of that fact if the following conditions are satisfied: If the maker of the statement either had personal knowledge of the matters dealt with by the statement; or where the document in question is or forms part of a record purporting to be a continuous record, made the statement in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have had, personal knowledge of those matters; and If the maker of the statement is called as a witness in the proceedings.” Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the seas and it is not