February 14, 2024
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The most challenging aspect of criminal jurisprudence is determining what kind of evidence is admissible in court as an evidence tool. One of the foundations of the law of evidence is Res Gestae.

The idea that all relevant elements of the chain of events are taken into consideration before the court forms the basis of the Res Gestae theory, as part of the criminal justice system, makes its final decision. This guarantees that no evidence is disregarded because of unrelated circumstances, even though the details differ from every case to case.

what is res gestae in law of evidence?

  • The name Res Gestae is taken from Latin words that signify “things done.” Essentially, it is an exception to the hearsay rule of evidence, which states that any statement other than one made by the witness during oral testimony is not admissible.
  • According to the Indian Evidence Act, facts that are not in dispute but are sufficiently related to a fact in dispute to constitute a part of the same transaction are relevant under Section 6 of the Act, regardless of when and where they happened. This falls inside the res gestae domain.

res gestae example

  • The cry of an injured or wounded person.
  • The witness’s outcry upon witnessing a murder.
  • The sound of a bullet being fired.
  • The victim of the attack is wailing for assistance.
  • Motions made by the deceased, etc.

section 6 of Indian evidence act

Section 6 of the Indian Evidence Act strengthens the concepts of Res Gestae. When a statement refers to a pertinent fact or occurrence, it deals with the admissibility of statements made by a person who is deceased or missing. The following are the main provisions:

  • Statement regarding Cause of Death: A person’s statements regarding the cause of their death or the events that led up to it are acceptable sources of evidence.
  • Statement concerning Transactions, Matters, or Events: When the individual making the statement is unable to be called as a witness, statements they make about any transaction, occurrence, or incident pertinent to the case are admissible.
  • Statements Regarding Rights or Interests: When a witness is unavailable, statements that have an impact on their legal rights or interests may be admitted.
  • Res Gestae Perspective: This section exemplifies the idea of Res Gestae since it permits the admission of remarks made in the immediate aftermath of an incident, even in cases when the witnesses are unable to appear in court.

Tests for Res Gestae

  • The first test states that if there is a causal relationship between a fact and the fact that is intended to be submitted as evidence, or vice versa, then the fact in question may be deemed to be a part of the same transaction as the other fact.
  • According to the second test, information related to close time and location would fall within this category. Undoubtedly, events that occur around the same time and location might be considered closely related and, thus, pertinent under this provision.
  • According to a third test, there should be a consistent goal and course of action between the fact that is being contested and the fact for which proof is being sought. It is submitted that this is similarly unworthy, only replacing one ambiguous term with another.

res gestae under Indian evidence act: Judicial Precedents

  • In the case of Gentela Rao and another v State of AP, the highest court ruled that the declaration has to be made either just after or contemporaneously with the actions that make up the offense. The declaration won’t, however, be included in res gestae if there is a gap, no matter how small, that was adequate for fabrication.
  • In the case of Rattan Singh v State of HP, the victim was shot by the accused when she broke into her home’s courtyard late at night. She knew exactly who he was. Before she passed away, she said that the accused was in front of her, holding a gun. She described how close the attacker was to her in both space and time. According to section 6, the statement was determined to be a component of the transaction and pertinent as such.

Evidence is usually provided under res gestae when it cannot be presented under another section of the Indian Evidence Act. The goal of the legislation was to stop injustice and cases that were dismissed for lack of evidence.

The Indian Evidence Act’s Section 6 and Res Gestae are essential resources for maintaining the spirit of unscripted statements made during court hearings. They offer a way to incorporate remarks made right after an incident, improving the precision and comprehensiveness of the evidence. Deeply rooted in equity and reliability, these laws play a major role in the Indian legal system’s pursuit of justice.

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