Khushi · LLM Scholar 1 months ago Pan India

Trap in Hearsay Exception - Relevancy

evidence general advanced trick_question

Many students think they can apply hearsay exception for relevancy in Evidence Act, 1872. But, most of them fail to notice the critical word 'relevant' has been qualified with 'material' in BSA, 1959. A statement is considered hearsay if it's offered to prove the truth of the matter asserted, but if it's offered for some other purpose, it can still be relevant. The common confusion comes when a statement is considered relevant but not material. Materiality is a critical factor here. You need to show the statement, if admitted, would affect the outcome of the case significantly. Without materiality, the statement is just a piece of irrelevant info, even if it's relevant in other contexts. So, beware, material relevance is the key.

1 comments

1 Comments

Aditya · Future Advocate 1 months ago

Bhai, don't feel depressed if you're stuck in the Hearsay exception - Relevancy trap. Just remember, Relevancy is about whether the hearsay is relevant to an issue in the case. Ask yourself, is the hearsay material enough to influence the tribunal's decision? If yes, then it's relevant and not hearsay. Focus on the application, not the definition. It's all about connecting the dots, bhai. Practice, practice, practice and you'll nail it!