HEARSAY EVIDENCE: MEANING, KINDS, AND EXCEPTIONS IN COMMON LAW AND PAKISTANI LAW OF EVIDENCE

Hearsay evidence is an out of court statement which is presented in court to prove that the assertions made in it are true. The hearsay rule means that hearsay evidence will not be used in judicial proceedings except in exceptional cases. The definition, kinds and exceptions to hearsay rule have been explicitly discussed in various statutes and judicial decisions of common law countries. On the other hand, the definition and exceptions to hearsay evidence have not been explicitly discussed in Qanoon e Shahdat, 1984 (Pakistani law of evidence hereinafter QSO) which causes great difficulty in understanding the nature and scope of this concept. The present study, by deploying doctrinal research methods, intends to address these issues by analyzing the hearsay evidence and its exception in QSO. It is hoped that the present study will clarify the meaning and exceptions to hearsay rule in QSO. Keywords: Hearsay Evidence, Exceptions to Hearsay Evidence in Common Law, Direct Evidence, Kinds of Hearsay, Hearsay in Pakistan