Question

Hearsay evidence is a statement other than one made by a person while testifying at a trial or earing, offered in evidence to prove the truth of the matter asserted in the statement. Please identify the advantages and the disadvantages of hearsay evidence.

Answer 1

Meaning of Hearsay Rule : Something that is heard from other person, and not directly .

Advantages

1.The hearsay rule does not ignore the evidence completely.

2. Avoids Ambiguity by clarification from various sources.

3. Courts shall draw inferences based on multiple sources of evidences

4.The whole broad picture of the case can be gained from the various evidences heard and said by the others.

5. Assertions can be tested and the conclusions can be drawn based on such assertions.

Disadvantages

1. Delay in Proceedings.

2. Wastage of the resources over a period of time.

3. Can Create confusion between the other party

4. Doubt the sincerity of the statement maker.

5. Hearsay is not the primary evidence only but indirect secondary evidence of the facts in issue.

6. The witness is not on oath.

7. Absence of Cross-Examination and the Difficulty of Assessing the Weight of Hearsay

8. Evidence can be manufactured

9. Risk of Error in Transmitting the information

10. The hearsay rule cannot be applied in following situations

a. Admissions and confessions by the criminal

b. Dying declarations

c. Declarations in the course of duty

e. Co-conspirator's rule

f. Statements in public documents

g. Out-of-court statements

h. evidence in former proceedings

1. Declarations against interest