Bhavna · Judiciary Aspirant 19 hr ago Madras High Court

Hearsay Evidence: Admissible Ya Nahin?

evidence general advanced discussion

Yaar, let's take the case of Regina vs. Smith, where the prosecution uses a statement made by an absent witness to prove the defendant's guilt. Now, under our Evidence Act, hearsay evidence is generally inadmissible. But what if the absent witness is a minor, and the statement is recorded under the POCSO Act? Is it admissible or not?

I say it's admissible, under the 'public policy' exception (section 32 of the Act). We can't protect the child victim by keeping the statement out of evidence, especially when it's crucial to proving the crime. What do you guys think? Can we make an exception in the interest of justice?

1 comments

1 Comments

Pooja · LLM Scholar 18 hr ago

Bhai, hearsay evidence is indeed admissible in some cases, but with conditions. U/S 6 of Evidence Act, 1872 it's acceptable when it's used as a link evidence. For example, if someone tells you about someone else's statement, it's admissible if you can find the original person. But, it's inadmissible as standalone evidence. Our Supreme Court ka decision in 'Mahendra Lal Jain v. Kali Shankar' is clear on this point, bhai.