602 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- The Evidence of a statement by a person who is not a witness may be given for two purposes :
(i) To prove that such a statement was made.
(ii) To prove that a statement made is a true statement.
In its former aspect it is merely a fact in issue. In its latter aspect it is an assertion to prove the truth of the matter stated.
Whether a statement by a non-witness sought to be tendered in evidence and the admissibility is in question is tendered merely as a fact in issue or relevant fact and is tendered as an assertion to prove the truth of the matter, depends upon the purpose for which it is tendered. The test is the purpose.
The Rule of Exclusion of hearsay is stated in a narrow sense as well as in a wider sense. In its narrower sense, it is confined to unsworn statements used to prove the truth of the facts stated. In its wider sense, it is used to include all statements by unsworn witnesses for whatever purposes tendered i.e. including statements used merely as facts.
The Rule adopted in the Evidence Act.
The Indian Evidence Act does not recognise the rule that “no 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” — Markby.
Under the Indian Evidence Act statements by non-witnesses are admissible where the making of the statements not its accuracy is the material point.
Therefore
(i) Statements which are parts of the res gestee, whether as actually constituting a fact in issue or accompanying it (ss 5, 8),
(ii) Statements amounting to acts of ownership, as leases, licenses and grants (Sec. 13),
(iii) Statements which corroborate or contradict the testimony of witness (ss. 155, 157, 158)
are admissible even though they are statements by non-witness.