It may happen, however, that a witness who has to be present before the Court to give this direct evidence, is dead, or cannot be found or has become incapable of giving evidence by reason of physical or mental injury or disease or it may be that his attendance cannot be procured without an amount of delay or expense, which, having regard to the circumstances of the case, would be unreasonable. In general, oral evidence must be direct1, in other words, if the evidence refers to a fact which could be seen, it must be the evidence of a witness who says he saw it if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it and if it refers to a fact which could be perceived by any other sense or in any other manner, it must be evidence of a witness who says he perceived it by that sense i.e. We are, in this chapter, concerned with an important group of sections embodying such exceptions.ġ2.3. To this general rule, the Act (as does the English common law of evidence), makes certain exceptions. ![]() It is a general rule of evidence that a witness cannot give evidence based on what some other person told him. General rule-Oral evidence to be direct. These statements form the subject-matter of sections 32 and 33.ġ2.2. We shall now deal with statements made under certain special circumstances by persons who cannot be called as witnesses, these being another species of exceptions to the rule against hearsay. ![]() Statements Made under Special Circumstances by Persons who Cannot be Called as WitnessesĪdmissions (including confessions) which we have discussed so far, constitute a species of exceptions to the rule against hearsay.
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