The rule against hearsay is one of the most significant and commonly practiced rules of the law of evidence. Hearsay evidence has been described as “Evidence from any witness which consists of what another person stated (whether verbally, in writing, or by any other method of assertion such as a gesture) on any prior occasion, is inadmissible, if, it’s only relevant purpose is to prove that any fact so stated by that person on that prior occasion is true. Such a statement may, however, be admitted for any relevant purpose other than proving the truth of facts stated in it”. The Civil Evidence Act 1995 provides that Hearsay evidence is a statement made otherwise than by a person while giving oral evidence in the proceedings, which is tendered as evidence of the matters stated. The expression ‘statement’ applies equally to statements made orally, made by a gesture and those in documents. This definition has successfully abolished the rule against hearsay in civil cases but does not apply to criminal cases. Statements of witness read out by solicitors in court; public analyst certificates, and records from businesses are the instances of hearsay statements in documents. At common law the general rule is that hearsay evidence is inadmissible unless it falls within a common law or statutory exception. Article 6 of the European Convention on Human Rights guarantees the right to a fair trial to the accused in a criminal case. Apart from the wide variety of issues it covers, the provision influences the admission of hearsay evidence against an accused in a criminal case.
