Legal Acts in Criminal Case and Law Proceedings

Hearsay is defined as a statement made by a declarant and it is made at the time of trial or hearing to assert that the confessional statement given above is true. The definition of Hearsay constitutes two parts. The first part defines that the statement is not made during the period of the trial process and secondly the statement is only made to assert the truth of the confessional statement made during the trial process.Under Section 76 (2) PACE, the court will have to refute any confessional statement which has been made under the oppression and under the circumstances which could make this statement unreliable in the law. The term oppression is defined as the torture or inhuman or degrading treatment, and or the use or threat of violence.Both the Sections 76 (2) (a) and 76 (2)(b) are similar but the difference only lies in the context under which confession is being made. Under Section 76 (2) (a), the judge cannot consider the confession if the prosecution cannot oppose the allegation that the confession is being made under oppression whereas Section 76 (2)(b) dictates that confession would be excluded if it is made under circumstances which according to the law is unreliable. It is the issue more of reliability under Section 76 (2) (b), which implies that under this section the proof of any misconduct of police is not required to be shown. If the court asserts that the circumstances under which confession was made before the police were not conducive under the law, the statement would be rendered exclusive. For e.g. In R. v. Harvey [FN77] case, a confession was excluded only because of the fact that the woman giving the statement was not normal and was suffering from a psychopathic disorder. In this case, court found the fact that there is enough danger of a confession of a false statements.