Indian Penal Code, 1860, Section 306 -- Abetment of suicide - None of the witnesses deposed about instigation by accused - Complainant had no information or he suspected any foul play - FIR lodged after FSL report - It implies that deceased had not disclosed anything to her parents - Only on the basis of hearsay evidence FIR is lodged - Deceased had never complained to her..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Adultery - Husband had no direct knowledge about allegation of adultery or illicit relationship of wife - He is only relying on hearsay knowledge of instances given by his brother - Merely because wife was going in car with alleged person, it cannot be concluded that wife lives in adultery - Wife was never seen..........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value - Though dying declaration is not recorded in Court in presence of accused nor it is put to strict proof of cross-examination by accused, still it is admitted in evidence against general rule that hearsay evidence is not admissible in evidence - Dying declaration does not even require any corroboration..........
Evidence Act, 1872, Section 6 -- Res gestae - News Report - In civil cases contemporaneous publication of news reporting about cause of accident cannot be brushed aside stating that it is only hearsay evidence especially when there is no challenge to contents of report - Thus, newspaper report that immediately reported about accident has to be considered along with other..........
Evidence Act, 1872, Section 60 -- Hearsay Evidence - An admission made by a party based on hearsay evidence is inadmissible in a civil case and also in a criminal case...........
Evidence Act, 1872, Section 6 -- Relevancy of facts forming part of same transaction - S.6 is an exception to hearsay rule and admits of certain carefully safeguarded and limited exceptions and makes statement admissible when such statements are proved to form a part of res gestae - To form a particular statement as a part of same transaction or of same incident or just..........
Evidence Act, 1872, Section 60 -- Oral evidence and hearsay evidence - Oral evidence cannot be hearsay, for that would be indirect/secondary evidence of the fact in issue (or the relevant fact) - When it pertains to a fact which can be seen, it must be the statement of the person who has himself seen it; if it refers to a fact which can be perceived, it must be the..........
Evidence Act, 1872, Section 60, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 -- Admissions and confessions are exceptions to the "hearsay" rule - Evidence Act places them in the province of relevance, presumably on the ground, that they being declarations against the interest of the person making them, they are in all probability true - The probative value of an admission or a..........
Evidence Act, 1872, Section 60 -- Hearsay evidence - Not admissible...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - To the rule of inadmissibility of hearsay evidence, oral dying declaration is an exception...........
