Hearsay Exceptions In Indian Criminal Trials: Balancing Fairness And Efficiency
- IJLLR Journal
- 2 days ago
- 1 min read
Anant Singhal, Assistant Professor of Law, Delhi Metropolitan Education, Noida
ABSTRACT
The admissibility of hearsay evidence has been a contentious issue in criminal trials, balancing the need for fairness with judicial efficiency. The Bharatiya Sakshya Adhiniyam, 2023, which replaces the Indian Evidence Act of 1872, brings significant changes to evidentiary rules, particularly concerning hearsay exceptions. This paper critically evaluates whether the expansion or restriction of hearsay exceptions under the new law enhances or undermines fairness and efficiency in Indian criminal trials. While the principle of direct evidence remains paramount, certain exceptions to hearsay evidence such as dying declarations, res gestae, and electronic records continue to play a crucial role in shaping judicial outcomes.
The study explores the potential consequences of a broader admissibility framework, which may expedite trials but also raise concerns regarding credibility and reliability. Conversely, a more restrictive approach could strengthen procedural safeguards but risk delays and inefficiencies in evidence collection and presentation. By analysing judicial precedents and legislative intent, this paper examines how courts have interpreted and applied hearsay exceptions, assessing their impact on the rights of the accused and victims.
Furthermore, the research contrasts the Bharatiya Sakshya Adhiniyam with global evidentiary standards, highlighting best practices from common law and civil law jurisdictions. The paper argues that a balanced approach incorporating both procedural safeguards and pragmatic evidentiary flexibility is essential to ensuring justice in India's criminal justice system. In conclusion, the study provides recommendations for refining hearsay rules to enhance both fairness and efficiency in trials, promoting a just and effective legal framework under the reformed evidence law.
Keywords: Hearsay Exceptions, Judicial Precedents, Criminal Trials, Fairness, Judicial Efficiency
