AI Overview...
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Hearsay Evidence and Its Limitations - Statements made by unknown persons or based on secondhand information are generally inadmissible as substantive evidence. Such statements can be used only to contradict the maker of the statement, not to establish the truth of the contents. Multiple sources emphasize that hearsay evidence, such as statements to police or reports based on hearsay, are questionable and often inadmissible in court proceedings D. Parthiban VS State rep. By Inspector of Police, Crime Branch C. I. D. , Kanchipuram - Madras, Chandrakumar Madhukar Deshmukh And Etc. VS Board Of Trustees Of Port Of Bombay - Bombay, Rajkapoor VS State of Rajasthan through Public Prosecutor - Rajasthan, SUKHENDRA SINGH s/o NIRANJAN SINGH GHOSH VS STATE OF M. P. - Madhya Pradesh.
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Contradictions and Reliability Issues - Witness statements often contain contradictions, especially when based on hearsay or secondhand knowledge. For example, witnesses claiming to have given statements based on hearsay or inconsistent accounts undermine the reliability of their testimony. The absence of proper procedures, such as test identification parades, further diminishes credibility Pradeep Singh @ Deepu @ Lagariya S/o Shri Bahadur Singh VS State of Rajasthan through Public Prosecutor - Rajasthan.
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Use of Hearsay in Investigations and Evidence - Investigative reports or site plans based on hearsay are inadmissible, and reliance on such evidence can lead to questions about the integrity of the case. Statements obtained through hearsay cannot be used to corroborate or establish facts definitively, and their use is limited to contradicting witnesses or the maker of the statement Rajkapoor VS State of Rajasthan through Public Prosecutor - Rajasthan.
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Specific Cases Highlighting Hearsay Issues - Several case references illustrate how hearsay statements, such as police reports, witness accounts, or secondhand information, have been deemed inadmissible or unreliable, impacting the strength of the prosecution's case. For instance, identification based solely on hearsay knowledge or statements made without proper recording procedures are considered weak evidence Saji Kumar, S/o.balakrishnan Vs State Of Kerala - Kerala, SUKHENDRA SINGH s/o NIRANJAN SINGH GHOSH VS STATE OF M. P. - Madhya Pradesh, Pradeep Singh @ Deepu @ Lagariya S/o Shri Bahadur Singh VS State of Rajasthan through Public Prosecutor - Rajasthan.
Analysis and Conclusion:
Hearsay evidence is generally inadmissible as substantive proof because it involves secondhand information and lacks direct knowledge. Courts often scrutinize such evidence, especially when it forms the basis of convictions or critical findings, due to its unreliability and potential for contradiction. Proper procedures, such as direct witness testimony and proper recording of statements, are essential to establish credibility. When hearsay is relied upon, it is typically limited to contradicting the source of the hearsay rather than proving the facts asserted.
Search Results for "Hearsay Contradict with Statement"
2017 0 Supreme(Mad) 1496 • India - Madras
S.NAGAMUTHU, ANITA SUMANTH
The said statement being a former statement could be used either to corroborate or to contradict the maker of the statement to P.W.6. But, the maker is not known. ... It is not known as to who made statement to the Doctor that the deceased fell down and sustained injury. The said statement of someone to P.W.6 cannot be treated as substantive evidence, as it is hit by hearsay rule. ... Sridhar in the occurrence, the information passed on by P.W.1 to the Police under Ex....
1995 0 Supreme(Bom) 621 • India - Bombay
V.H.BHAIRAVIA
hearsay evidence is questionable. 3. ... Yarn - Enquiry Report - Termination of Services - Petitioners' Challenge - Legality and Propriety of Enquiry - Admissibility of Hearsay ... Finding of the Court: The Court found that the enquiry officer had relied heavily on hearsay evidence, particularly ... It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement. It is not hearsay and is admissible when it is proposed to....
2025 Supreme(KER) 914 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALEE KRISHNA S., J
The conviction was based on the testimony of a single eyewitness who had hearsay knowledge of the accused's identity. ... resulting in fatal accident - The accused was convicted based on insufficient evidence, primarily the identification by a witness with hearsay ... ... ... Ratio Decidendi: The court ruled that the identification of the accused was unreliable due to contradictions in witness statements ... When this portion of the evidence was put to PW14, he deposed that PW10 gave him the statement that he had only ....
2013 0 Supreme(Raj) 1395 • India - Rajasthan
MOHAMMAD RAFIQ, NISHA GUPTA
A site plan prepared by the Investigating Officer based on hearsay is inadmissible in evidence. 3. ... The court also found that the site plan prepared by the Investigating Officer was inadmissible in evidence as it was based on hearsay ... The court noted that there were several inconsistencies and improvements in their statements, and that they were related to the deceased ... The statement of witness, on the basis of whose statement, the site plan was prepared, cannot be used to corroborate the maker....
2017 0 Supreme(MP) 1191 • India - Madhya Pradesh
HEMANT GUPTA, VIJAY KUMAR SHUKLA
The prosecution's case was based on the statement of a witness who saw the appellant shooting the deceased. ... But, information derived in respect of an incident such as when, where and how it happened, is hearsay evidence. The person from whom he heard, when examined is not the direct evidence. Such statement cannot be used even to corroborate the maker thereof and can be used only to contradict him. ... and can be used only to contradict him (the maker) in accordance with the proviso thereof, except ....
2017 0 Supreme(Raj) 458 • India - Rajasthan
MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA
Their statements are full of contradictions and they contradict with each other as well. The test identification parade has not been conducted. In fact, Ranveer (PW6) has categorically stated that police did not at all record his statement and that he has given statement on the basis of hearsay. ... Learned counsel submitted that in cross examination, this witness has stated that his statement was recorded by the police first on 9.5.2009 and second on 16.5.2009. While stateme....
2019 0 Supreme(Mad) 3118 • India - Madras
P.N.PRAKASH
inculcator statement to qualify as a confession - Though all these documents including the statements of witnesses can be used in ... P11 shows that it is not a confession statement - When was asked about removal of goods - Thereafter when he was confronted with ... some documents he has stated that it is an inter-group Production Transfer Note - Thus it is an exculpatory statement and not an ... A statement given by a witness to the police under Section 161(3) Cr.P.C. cannot even be used to corroborate....
1951 0 Supreme(All) 184 • India - Allahabad
DESAI, AGARWALA, GURTU
I have previously dealt with the injuries of Mahtab Singh; they do not contradict the statement in the confession that he was only shot at. The appellant did not know Mahtab Singh still he could say in his confession that Mahtab Singh was wounded; he could say this on the basis of hearsay. ... ... Both my learned brothers have used the statement made by Mahtab Singh under S.162, Cr. P.C., to contradict his deposition in Court, but in my opinion that statement was not available for tha....
2020 7 Supreme 74 • India - Supreme Court
First, his statement that he was told by the police that there was a third person on the spot is hearsay and inadmissible in view of Section 60 of the Indian Evidence Act, 1872. Second, his credibility had effectively been impeached by the prosecutor during trial. ... PW3 denies in his examination-in-chief being on the spot or a party to any proceeding; but later he makes a poor attempt to contradict the prosecution story. ... Third, given that PW3 himself claims to not being present at the time of incident, his statement#HL_END....
2001 0 Supreme(Bom) 409 • India - Bombay
A.B.PALKAR
The witness could not contradict the statement that the deceased bought the flat at Santacruz because he wanted to stay nearer to his son. ... He does not know whether the daughter of the deceased was a frequent visitor to the deceased although he claims that he used to visit the decreased and was very friendly with him and could not contradict the statement that his daughter was frequently visiting the deceased. ... This statement is made on the basis of the letter written by the deceased to the Bank ....
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