Question

Which one is exception to 'rule of hearsay' evidence?

• A. Dying declaration;
• B. Facts forming part of same transaction;
• C. Facts forming plea of alibi;
• D. Facts regarding character of accuse;

Hint:

A dying declaration is an exception to hearsay because it is presumed that a person facing death will not lie.

Answer 1

The Correct Option is A

Step 1: Understanding the Rule of Hearsay Evidence:
Hearsay evidence refers to statements made outside of the courtroom that are presented to prove the truth of the matter stated. Generally, hearsay evidence is inadmissible in court because it lacks reliability. However, there are exceptions to this rule, one of which is the 'dying declaration.'
Step 2: Detailed Explanation of the Options:
- (A) Dying declaration: This is the correct answer. Under Section 32(1) of the Indian Evidence Act, statements made by a person as to the cause of their death, or circumstances resulting in their death, are admissible even though they are hearsay.
- (B) Facts forming part of same transaction: Although part of res gestae (Section 6 of the Evidence Act), this is not directly an exception to hearsay but rather part of the transaction itself.
- (C) Facts forming plea of alibi: This refers to the defense that the accused was elsewhere when the offense was committed; it is not an exception to hearsay.
- (D) Facts regarding character of accuse: These are admissible under certain circumstances but not as an exception to the hearsay rule.
Step 3: Final Conclusion:
The correct answer is (A) Dying declaration, as it is a recognized exception to the hearsay rule under the Evidence Act.