May 28, 2024

The foundation of the Indian legal system is the Indian Evidence Act, of 1872, which provides an extensive structure for the relevance and admission of evidence in proceedings in courts. One of the most fundamental concepts of common law jurisprudence can be observed in its provisions: Res Gestae, which means “things done” or “events.”

res gestae under indian evidence act includes impromptu statements delivered during the midst of the moment; because these remarks are unplanned and spontaneous, they are frequently regarded as extremely reliable.       

res gestae meaning in law

  • “Res Gestae” literally translates to “thing done/subject matter” or “transaction.”
  • The Act, declaration, or exclamation must be closely related to the main events in order for it to be considered admissible evidence under res gestae in evidence act.
  • “Facts forming part of the same transaction” refers to both spoken and physical acts, whether they are performed by the person speaking them, the person performing the acts, the person to whom the acts are performed, or by any other person (s).

res gestae example

  • The deceased woman screamed that her husband was to blame for the harm as she hurried out of the house with a bleeding wound on her neck. It was decided that the wife’s declaration qualified as res gestae.

res gestae: Key Elements

  • Spontaneity: The fundamental idea of Res Gestae is that the claims are stated without any chance for consideration or revision. These are innate responses to a particular occurrence.
  • Immediate Association: The statements have to be intimately related to, and an essential component of, the event or transaction. They ought not to be isolated or disengaged.
  • Lack of Fabrication: Res Gestae assertions are made in situations where the individual does not have a reasonable amount of time to fabricate a story. Their credibility is increased by this.
  • No Independent Proof Needed: Independent verification is not necessary for Res Gestae assertions. Their spontaneity is what makes them naturally trustworthy.

res gestae under indian evidence act: Section 6

Section 6 of the Indian Evidence Act enhances the ideas of Res Gestae. The admissibility of remarks made by a deceased or missing person is addressed when the statement relates to a relevant fact or incident. The following are the main clauses:

  • 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 about 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 Influencing Rights or Interests: When a witness is unavailable, statements that have an impact on their legal rights or interests may be admitted.
  • Res Gestae Aspect: 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 not able to show up for the hearing.

res gestae case law

  • In the case of State of Andhra Pradesh v Panna Satyanarayan, the defendant killed both his wife and daughter. The father of the deceased wife made the statement that the accused’s father informed him over the phone that the deceased had been slain by his son.

Lack of a determination about whether the information that the accused’s father provided to the deceased’s father, indicating that the accused had killed the deceased, was provided either at either at the moment of the crime or immediately thereafter, as a component of the same transaction. The statement is deemed irrelevant by the section.

  • In the case of Jagser v State of Haryana, the statement of Mangat Ram, the deceased’s brother Ruldu, the father, who gave an eyewitness account and supported the prosecution’s claim on material points, corroborates the dying declaration. They do not, however, assert that the accused set Yashin Khan on fire in front of them, even though they both claim to have taken Yashin Khan and his wife Pinki to a room in their home to resolve their issues.

Rather, they say that Yashin Khan fled the burning house after some time. It is made clear that there is a clear relationship between the two accused and the offense by applying the res gestae idea. The optical evidence is duly supported by the medical evidence.

Evidence is usually submitted under res gestae when it cannot be produced under another section of the Indian Evidence Act. Stopping unfairness and instances that were rejected for lack of proof was the aim of the Act. Even if a statement is rejected under Section 6, it may still be admitted as corroboration under Section 157.

Res Gestae FAQs

  1. What is the exception to res gestae?

Res gestae translates to “things done.” It is the Hearsay Rule exception. It is now widely established that a statement cannot be included in res gestae unless it was made significantly contemporaneously with the act or right after, leaving no room for fabrication or contemplation.                                 

  • What is the principal of res gestae?

The established legal concept is that while all relevant facts are not admissible, all admissible facts are. The judiciary clarified the distinction between admissibility and relevancy by describing which types of evidence are acceptable and relevant and which are not.

  • Why is res gestae trustworthy?

Res gestae is predicated on the idea that certain statements have a high degree of credibility and low possibility of misunderstanding or misinterpretation since they are produced in an organic, spontaneous, and unplanned manner during an event.

  • What is an example of res gestae?

There was evidence to support her cries for assistance and her claims that the defendants were killing her. The kids outside playing also cried out that their mother was being slain. It was decided that these declarations from the children and the dead were pertinent res gestae.

  • What is the conclusion of res gestae?

Evidence is usually brought under Res Gestae when it cannot be filed under any other provision of the Indian Evidence Act. The legislators aimed to stop cases from being unfairly dismissed due to a lack of evidence.

  • What is the burden of proof in the Evidence Act?

The Indian Evidence Act’s Section 101 defines the “burden of proof.” It transfers the burden of proof to the party alleging a legal right or obligation based on particular facts, requiring that the party provide evidence of those facts.

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