600 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
§ Oral Evidence :
The rule of best Evidence requires that if the evidence is oral then it must be direct.
This rule is embodied in section 60 of the Evidence Act.
What is meant by Direct Evidence ?
The answer that is commonly given is that oral evidence must not be hearsay evidence. This leads to the consideration of hearsay evidence.
The rule excluding Hearsay is subject to three main classes of Exceptions:
(i) Admissions and Confessions : Statements made in the presence of the party.
(ii) Statements made by persons since deceased,
(iii) Statements made in public Documents.
§ What is hearsay evidence :
- Hearsay evidence has been defined in many different ways :
(i) All Evidence which does not derive its value solely from the credit given to the witness himself, but which rests also in part on the veracity and competence of some other person.
(ii) The statement as to the existence or non-existence of a fact which is being enquired into, made otherwise than by a witness whilst under examination in Court can be used as evidence.
- Hearsay evidence is evidence reported by witnesses of statements made by non-witnesses.
§ Why hearsay evidence is excluded ?
- When A sworn in Court, details something which he did not see with his own eyes immediately but which he heard from B mediately he is not giving expression to the evidence of his own bodily senses, but is the medium merely of communicating that which save third unsworn person has said he saw. He is bringing evidence to birth, obstetricante manu, with the hand of a midwife; and is a mere channel or conduct pipe for communicating the information of a party not before the Court. A may most correctly and truthfully