Principle Oral evidence must always be direct i e of the person who says he saw the event and hearsa...........

Indian Evidence Act (IEA) 1872 Others

Principle: Oral evidence must always be direct i.e. of the person who says he saw the event and hearsay evidence is no evidence.

Facts:X was told by Y (whom X trusts) that Z has murdered A

Statement of X is admissible

Statement of X is not admissible because he has not seen Z murdering A

Statement of X is admissible because he trusts Y and Y never tells a lie

Statement of X is admissible because he is a renowned social activist and has a huge reputation to fight for the truth

Explanation:

The general rule is that all oral evidence must be direct viz. if it refers to a fact which ... of a witness who says he saw it it is well - settled that if the court wants to convict a person on ... It is a fundamental rule of evidence that hearsay is not admissible. ... This section requires that oral evidence must always be direct or positive. Statement of X is not admissible because he has not seen Z murdering A