term paper on exceptions to hearsay
Chapter: One
Introduction
1.1 Background:
In very common terms, hearsay does mean statements or any gossips that one hears from the other source but is not sure whether it is true. However in legal sense it holds rather broader technical sense.1 Hearsay in legal sense is taken as evidence provided by the third party.2 That is to say, hearsay evidence is supplied by a person who has not witnessed the incidence directly with his or her own senses.
To cite few examples of hearsay evidence, A stabbed B with knife and C was present there and saw the incidence. C told this incidence to D, who was not present at the time of murder. The deposition of D is called hearsay.3 Similarly, a child aged 4 years was raped. She was not sent to medical examination owing to her age and was incompetent to depose. Now the statement of her mother and other relatives is taken as hearsay.4 Also, the statement of those witnesses who has reached the scene of occurrence after the incident and had been told by the other persons who personally saw the incidence is hearsay evidence.5 Talking about how different laws around the globe defines hearsay, the common law concept defines it as any statement, other than one made by a witness in the course of giving his/her evidence in the proceeding in the question, by any person, whether it was made on oath or unsworn and whether it was made orally in writing or by signs or gesture.6 The national law of Nepal does not define hearsay explicitly. However it that states the conditions for admissibility and inadmissibility of hearsay and so does the Indian laws.
The non-admissibility of the hearsay evidence is guarded by the basic rule that ‘hearsay is no evidence.’ As the authenticity of this sort of evidence is questionable, these are not admissible.7
However, there are some exceptions to this rule.8 This paper in particular, examines the inadmissibility and exceptions of hearsay evidences in the criminal proceedings and analyses
Introduction
1.1 Background:
In very common terms, hearsay does mean statements or any gossips that one hears from the other source but is not sure whether it is true. However in legal sense it holds rather broader technical sense.1 Hearsay in legal sense is taken as evidence provided by the third party.2 That is to say, hearsay evidence is supplied by a person who has not witnessed the incidence directly with his or her own senses.
To cite few examples of hearsay evidence, A stabbed B with knife and C was present there and saw the incidence. C told this incidence to D, who was not present at the time of murder. The deposition of D is called hearsay.3 Similarly, a child aged 4 years was raped. She was not sent to medical examination owing to her age and was incompetent to depose. Now the statement of her mother and other relatives is taken as hearsay.4 Also, the statement of those witnesses who has reached the scene of occurrence after the incident and had been told by the other persons who personally saw the incidence is hearsay evidence.5 Talking about how different laws around the globe defines hearsay, the common law concept defines it as any statement, other than one made by a witness in the course of giving his/her evidence in the proceeding in the question, by any person, whether it was made on oath or unsworn and whether it was made orally in writing or by signs or gesture.6 The national law of Nepal does not define hearsay explicitly. However it that states the conditions for admissibility and inadmissibility of hearsay and so does the Indian laws.
The non-admissibility of the hearsay evidence is guarded by the basic rule that ‘hearsay is no evidence.’ As the authenticity of this sort of evidence is questionable, these are not admissible.7
However, there are some exceptions to this rule.8 This paper in particular, examines the inadmissibility and exceptions of hearsay evidences in the criminal proceedings and analyses