Hearsay Evidences under Section IPC 498A Dowry Act are not evidences

Hearsay Evidences under Section IPC 498A Dowry Act are not evidences

Balram Prasad Agrawal vs The State of Bihar & Ors

Supreme Court

10/12/1996

Supreme Court

About/from the judgment:

Hearsay Evidences under Section IPC 498A Dowry Act are not evidences!

 

The original is that which a witness reports himself to have seen or heard through the medium of his own senses. Unoriginal, also called derivative, transmitted, secondhand or hearsay, is that which a witness is merely reporting not what he himself saw or heard, not what has come under the immediate observation of his own bodily senses, but what he had learnt respecting the fact through the medium of a third person. Hearsay, therefore, properly speaking is secondary evidence of any oral statement.

 

It was, therefore, submitted that what is deposed to by a witness about the information conveyed to him by another would remain hearsay unless the author of this information also is examined in the case and is subjected to cross examination.

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