KALYAN KUMAR GOGOI V. ASHUTOSH AGNIHOTRI AND ANR. (2011) SC 760
- The Supreme Court of India, in its deliberations, highlighted why hearsay evidence is not considered relevant under the Indian Evidence Act, 1872. It reiterated that hearsay evidence is inherently unreliable and vague, thereby rendering it inadmissible in court proceedings.
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The Court outlined certain parameters to elucidate the limited probative value of hearsay evidence within the legal framework.
- The responsibility on the part of the person presenting hearsay evidence stands null which ipso facto destructs the objective of the evidence law which requires every evidence presented before the court to be made with responsibility, and knowledge on the part of the individual who is providing. This is also because if otherwise happens, then the person can be accused on the grounds of falsehood by the court.
- Hearsay evidence dilutes the truth that needs to be presented before the court which thereby wastes the precious time of the court, and the other party to the case, and
- If hearsay evidence is permitted by the courts, then the same facilitates ample room for fraud, misrepresentation, and undue influence to take place, which stands unjust for the party against whom the evidence is laid down.
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