Admissibility Of The Hersay Evidence: Should India Move Towards Relaxation Like Other Jurisdictions
- IJLLR Journal
- Nov 4
- 2 min read
Parth Attry, Priyanka Bhardwaj & Ruchika Bhatt
ABSTRACT
This article provides a thorough review of the admissibility of hearsay evidence in India, focusing on the Bharatiya Sakshya Adhiniyam, 2023, which replaces the Indian Evidence Act, 1872. It explores how this new law changes the rules around hearsay statements made outside court used to prove the truth of the matter, considering technological progress and new evidentiary challenges. Historically, hearsay is excluded in India because of concerns about reliability and the lack of cross-examination, which are vital for fairness.
The article compares legal approaches in the US, UK, and EU, showing their more adaptable methods. For example, the U.S. Federal Rules permit certain exceptions based on reliability and corroboration, while the UK and EU rely on judicial discretion and safeguards to admit hearsay when suitable. These systems balance efficiency and fairness through strict gatekeeping, corroboration, and reliability checks.
The study questions whether India should follow suit, especially with the rise of electronic records, digital communication, and blockchain verification. Loosening hearsay rules could boost judicial efficiency, fill evidentiary gaps, and enhance substantive justice by allowing trusted evidence that might be otherwise excluded. Yet, the article emphasises maintaining fairness through judicial oversight, corroboration, and pretrial review.
It proposes a cautious modernisation of India’s hearsay rules, advocating for statutory recognition of new digital evidence forms, supported by procedural safeguards and judicial checks to protect probative value. By aligning with international best practices while safeguarding India's procedural principles, the article suggests that India can strike a balance between accepting broad evidence and adhering to due process. This research adds to the ongoing conversation on evidence law reform and offers a forward-looking plan to harmonise traditional doctrines with modern justice needs.
