Trap in Hearsay Exception - Relevancy
evidence general advanced trick_questionMany 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.
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