Evidence Act 1872 Section 28

Evidence Act Section 28 deals with the rule against hearsay evidence. It restricts the admissibility of statements made outside the court to prove the truth of the matter asserted. This rule is vital to ensure that only reliable and direct evidence is considered during trials.

Understanding Section 28 is crucial in both civil and criminal cases. It helps courts avoid relying on secondhand information, which may be inaccurate or fabricated. Lawyers and judges must carefully apply this rule to maintain fairness and accuracy in judicial proceedings.

Evidence Act Section 28 – Exact Provision

This section prohibits hearsay evidence, meaning statements made outside the courtroom by someone other than the witness cannot be used to prove the facts asserted in those statements. The rule ensures that evidence is tested through direct examination and cross-examination, promoting reliability.

• Prevents admission of secondhand statements to prove truth.

• Ensures witnesses testify from their own knowledge.

• Supports cross-examination to test evidence credibility.

• Applies to both oral and written statements.

Explanation of Evidence Act Section 28

Section 28 bars hearsay evidence to maintain the quality of proof in court. It affects witnesses, litigants, and courts by limiting what can be admitted as evidence.

• The section states hearsay statements are inadmissible to prove truth.

• Affects all parties presenting evidence, including accused and witnesses.

• Requires evidence to be based on personal knowledge or observation.

• Triggers when a party tries to introduce statements made outside court.

• Admissible evidence must be direct, not secondhand.

• Exceptions exist but are limited and defined elsewhere.

Purpose and Rationale of Evidence Act Section 28

This section aims to ensure that evidence presented in court is reliable and subject to testing. By excluding hearsay, it promotes fairness and prevents misuse of unverified statements.

• Ensures evidence reliability through direct testimony.

• Promotes fairness by allowing cross-examination.

• Prevents manipulation using fabricated or inaccurate statements.

• Strengthens judicial truth-finding by focusing on firsthand evidence.

When Evidence Act Section 28 Applies

Section 28 applies whenever a party attempts to prove a fact by relying on statements made outside the court by someone other than the witness. It is invoked in both civil and criminal trials to maintain evidentiary standards.

• Applies when hearsay evidence is offered to prove truth.

• Any party can invoke the rule to object to hearsay.

• Relevant in criminal and civil proceedings.

• Scope limited to statements used for proving truth, not all out-of-court statements.

• Exceptions to hearsay are provided under other sections.

Burden and Standard of Proof under Evidence Act Section 28

Section 28 itself does not assign burden of proof but impacts how evidence is evaluated. The party relying on evidence must present admissible, direct proof. The standard of proof depends on the proceeding—beyond reasonable doubt in criminal cases and preponderance of probability in civil cases. This section complements Sections 101–114 by excluding unreliable hearsay, ensuring presumptions rest on sound evidence.

• Burden lies on party presenting evidence to ensure admissibility.

• Standard of proof varies by case type but requires reliable evidence.

• Section 28 excludes hearsay to uphold evidentiary standards.

Nature of Evidence under Evidence Act Section 28

Section 28 primarily deals with the admissibility of oral and documentary evidence. It restricts hearsay, focusing on relevance and reliability. The section imposes procedural obligations to present evidence through witnesses with firsthand knowledge.

• Concerns admissibility of hearsay evidence.

• Applies to oral and documentary statements.

• Limits evidence to what is relevant and reliable.

• Requires procedural compliance to admit evidence.

Stage of Proceedings Where Evidence Act Section 28 Applies

This section is relevant during the trial and inquiry stages when evidence is being presented and tested. It guides courts in admitting or rejecting hearsay statements and is crucial during cross-examination.

• Applies during trial evidence presentation.

• Relevant in inquiry and examination stages.

• Used during cross-examination to challenge hearsay.

• May be considered on appeal if admissibility is questioned.

Appeal and Challenge Options under Evidence Act Section 28

Rulings on hearsay admissibility can be challenged through appeals or revisions. Higher courts review such decisions based on legal principles and procedural correctness. Appellate courts ensure that hearsay rules are properly applied to protect fair trial rights.

• Admissibility rulings can be appealed or revised.

• Higher courts review for legal and procedural errors.

• Appellate review focuses on fairness and evidence reliability.

• Timelines for challenges depend on procedural laws.

Example of Evidence Act Section 28 in Practical Use

In a theft trial, witness X tries to testify that a neighbor told him the accused was seen near the crime scene. The defense objects under Section 28, arguing this is hearsay. The court excludes the statement since X did not directly observe the accused. This ensures only direct evidence is considered.

• Highlights exclusion of secondhand statements.

• Emphasizes need for direct witness testimony.

Historical Background of Evidence Act Section 28

Introduced in 1872, Section 28 reflects common law principles against hearsay. Historically, courts excluded hearsay to prevent unreliable evidence. Over time, exceptions developed, but the core rule remains vital. Judicial interpretations have refined its application to balance fairness and practicality.

• Based on English common law traditions.

• Courts historically excluded hearsay to ensure reliability.

• Judicial evolution introduced limited exceptions.

Modern Relevance of Evidence Act Section 28

In 2026, Section 28 remains crucial amid growing electronic evidence. Digital hearsay, like social media statements, challenges traditional rules. Courts adapt by applying Section 28 principles to new evidence forms, ensuring fairness in e-courts and digital trials.

• Applies to digital and electronic evidence.

• Supports judicial reforms for e-courts.

• Ensures hearsay rules adapt to modern evidence types.

Related Evidence Act Sections

• Evidence Act Section 59 – Exclusion of Hearsay

  – Provides detailed exceptions to the hearsay rule.

• Evidence Act Section 60 – Admissions by Party

  – Allows certain statements by parties to be admitted despite hearsay concerns.

• Evidence Act Section 65B – Electronic Records

  – Governs admissibility of electronic evidence, intersecting with hearsay rules.

• Evidence Act Section 101 – Burden of Proof

  – Defines who must prove facts, relevant when hearsay is excluded.

• Evidence Act Section 114 – Presumption as to Documents

  – Deals with presumptions related to documents, complementing hearsay rules.

• CrPC Section 161 – Examination of Witnesses

  – Provides procedural context for witness statements and evidence gathering.

Case References under Evidence Act Section 28

1. State of Punjab v. Gurmit Singh (1996, AIR SC 1393)

   – Hearsay evidence is inadmissible unless it falls under recognized exceptions.

2. R. v. Blastland (1986, UKHL 2)

   – Reinforced the principle that hearsay evidence cannot be admitted to prove truth.

3. Shobha Rani v. Madhukar Reddi (1988, AIR SC 1212)

   – Statements made outside court are generally inadmissible as evidence.

Key Facts Summary for Evidence Act Section 28

• Section:

  28

• Title:

  Rule Against Hearsay Evidence

• Category:

  Admissibility, Oral Evidence, Documentary Evidence

• Applies To:

  Witnesses, Litigants, Courts

• Proceeding Type:

  Civil and Criminal Trials

• Interaction With:

  Sections 59, 60, 65B, 101, 114

• Key Use:

  Excluding secondhand statements to ensure reliable evidence

Conclusion on Evidence Act Section 28

Section 28 is a cornerstone of Indian evidence law, ensuring that courts rely on direct and reliable testimony. By excluding hearsay, it protects the integrity of judicial proceedings and upholds the rights of parties to a fair trial.

Its application requires careful balancing with exceptions and modern evidence forms. Understanding this section helps legal professionals navigate evidentiary challenges and supports the delivery of justice in both civil and criminal cases.

FAQs on Evidence Act Section 28

What is hearsay evidence under Section 28?

Hearsay evidence refers to statements made outside court by someone other than the witness, offered to prove the truth of the matter stated. Section 28 generally excludes such evidence to ensure reliability.

Are there exceptions to the hearsay rule in Section 28?

Yes, exceptions exist under other sections like 59 and 60, allowing certain hearsay statements to be admitted when they meet specific criteria.

Who does Section 28 affect during a trial?

It affects witnesses, parties presenting evidence, and the court by restricting the use of secondhand statements to prove facts.

Can hearsay evidence be used in criminal cases?

Generally no, hearsay is inadmissible in criminal trials unless it falls under recognized exceptions to protect the accused's rights.

How does Section 28 relate to electronic evidence?

Section 28 principles apply to electronic statements too, with Section 65B providing rules for admissibility of digital evidence, ensuring hearsay rules adapt to modern contexts.