Principle

EVIDENCE LAW — Admissibility of Previous Evidence — Section 34(1) of the Evidence Act — Witness Must Be Unavailable

Area of law
EVIDENCE LAW
Court
Supreme Court

Previous testimony is hearsay unless the witness is unavailable under one of the specified conditions. The party tendering the evidence must prove unavailability. The principle protects the right to cross-examine. The court cannot assume unavailability. The rule applies to both criminal and civil proceedings. The…

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