HEARSAY

Definition

1. Statement made out of court which is presented in Court as evidence to prove the truth of
the matter asserted.
2. Evidence that is not direct – witness testify in Court on what he heard from a third party
(other party which is not called in Court as witness)

General Rule

Section 60 – Indirect oral evidence is inadmissible –

Hearsay evidence is generally inadmissible.

Exception to general rule

1. Section 32(1) EA
 Cases in which statement of relevant fact by the following 4 categories of person
is relevant:-
[1] Who is dead
[2] Who cannot be found
[3] Who has become incapable of giving evidence
[4] Whose attendance cannot be procured without an amount of delay or
expense which under the circumstances of the case appears to the Court
unreasonable
 10 categories of statement made admissible by this section:-

(a) Dying declaration (statement as to the cause of death) (Illustration a)

(b) Statement made in the course of business (Illustration b, c, d, g & j)
(c) Statement against interest of maker (Illustration e & f)
(d) Statement giving opinion as to public right or customs or matters of public
or general interest (Illustration i)
(e) Statement relating to existence of relationship (Illustration k & l)
(f) Statement made in a will or deed or in any family pedigree or tombstone
or family portrait relating to family affairs
(g) Statement in documents relating to any transaction as mentioned in
Section 13 (a) of the EA
(h) Statement by several persons as to feelings (Illustration n)
(i) Statement made in the course of an investigation of an offence
(j) Statement made by a public officer in discharge of his duties
Statement made in the course of business (Illustration b, c, d, g & j)

 When the statement was made by any such person in the ordinary course of business, and
in particular when it consists of any entry or memorandum made by him in books kept in
the ordinary course of business or in the discharge of professional duty; or of an
acknowledgment written or signed by him of the receipt of money, goods, securities or
property of any kind; or of a document used in commerce, written or signed by him, or of
the date of a letter or other document usually dated, written or signed by him.