When any statement relevant under section 32 or 33 (i.e., made by a person who cannot be called as a witness) is proved, all matters which might have been proved if that person had been called as a witness and had denied, upon cross-examination, the truth of the matter suggested, may be proved to contradict or to corroborate the statement or to impeach or confirm the credit of the person.
Image Source: mcssl.com
Sections 32 and 33 of the Act permit the introduction of statements, oral or written, or statements made in a judicial proceeding, by a person who cannot be examined as a witness. The Legislature intends, by this section, to submit such statements to the tests of contradiction and corroboration, in the same way as if those statements were made by the witness in the box.
ADVERTISEMENTS:
No sanctity attaches to such statements simply because the person is dead or cannot be examined as a witness. His credibility may be impeached or confirmed in the same manner as a living witness.
Admissibility of ‘Hearsay’ Evidence:
It will be seen that Ss. 32 and 33 (above) are exceptions to the general rule that hearsay evidence is not admissible.