​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Original and Hearsay Evidence

Original Evidence
​Original evidence refers to evidence given by a witness based on his own personal knowledge and direct perception. It is evidence that the witness has himself seen, heard, perceived, or experienced through his own senses. Such evidence is also known as direct evidence because it comes directly from the person who personally observed the fact in issue.
For example, if a witness states that he personally saw A stabbing B, such testimony is original evidence because it is based upon the witness’s own observation.
Original evidence is generally regarded as more reliable because the witness directly perceived the occurrence and can be cross-examined regarding his observations.

Hearsay Evidence
Hearsay evidence refers to evidence which is not based on the personal knowledge of the witness but is derived from what he has heard from another person. In such cases, the witness merely reports statements or information received from a third person instead of narrating facts personally observed by him.
Thus, hearsay evidence is indirect in nature.
For example, if a witness states, “C told me that he saw A stabbing B,” the statement becomes hearsay because the witness himself did not see the incident and is merely repeating what another person said.

Meaning of the Word “Hearsay”
The word “hearsay” is capable of different meanings and is often considered ambiguous. According to Sir James Fitz James Stephen, the term has three distinct meanings:

1. It means whatever a person is heard to say.
2. It means whatever a person declares on information received from someone else.
3. Sometimes it is used almost synonymously with irrelevant evidence.

Therefore, hearsay evidence generally means evidence where a witness reports not what he himself perceived through his own senses, but what he learned through another person.

Nature of Hearsay Evidence
In hearsay evidence, the actual source of knowledge is some third person who is not before the court. Since that original source cannot usually be cross-examined, hearsay evidence is considered less trustworthy and is generally inadmissible.
The rule against hearsay is based on the principle that evidence should ordinarily be direct and capable of being tested through cross-examination.
However, certain exceptions to the hearsay rule exist under the Bharatiya Sakshya Adhiniyam, such as dying declarations, admissions, confessions, and statements forming part of res gestae.

Difference between Original and Hearsay Evidence
Original evidence is based on the direct personal knowledge of the witness, whereas hearsay evidence is based upon information received from another person.
Original evidence comes from immediate observation through the witness’s own senses, while hearsay evidence depends upon repetition of statements made by others.
Original evidence is generally admissible and carries greater evidentiary value, whereas hearsay evidence is ordinarily inadmissible unless it falls within recognized exceptions.

Conclusion
Under the Bharatiya Sakshya Adhiniyam, original evidence is preferred because it is direct, reliable, and capable of verification through cross-examination. Hearsay evidence, being indirect and dependent upon third-party statements, is generally excluded due to the risk of inaccuracy or fabrication. Nevertheless, the law recognizes certain exceptions where hearsay evidence may become admissible in the interest of justice.