oral evidence - hearsay

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

S. ABDUL NAZEER; J., B.R. GAVAI; J., A.S. BOPANNA; J., V. RAMASUBRAMANIAN; J., 

B. V. NAGARATHNA; J.

CRIMINAL APPEAL NO. 1669 OF 2009; 15 December, 2022

NEERAJ DUTTA versus STATE (GOVT. OF N.C.T. OF DELHI)

 

34. Again, oral evidence can be classified as original and hearsay evidence. Original

evidence is that which a witness reports himself to have seen or heard through the medium

of his own senses. Hearsay evidence is also called derivative, transmitted, or secondhand evidence in which a witness is merely reporting not what he himself saw or heard,

and not what has come under the immediate observation of his own bodily senses, but

what he has learnt in respect of the fact through the medium of a third person. Normally,

a hearsay witness would be inadmissible, but when it is corroborated by substantive

evidence of other witnesses, it would be admissible vide