Res Gestae in Indian Evidence Act

16 Pages Posted: 13 Nov 2008 Last revised: 28 Jan 2009

Sharda Girijesh Sharma

P.G Dept. of Law, Patna University

Date Written: November 11, 2008

Abstract

Section 6 of the Indian Evidence Act explains the principle of res gestae. Hearsay evidence is not admissible in court of law. But, res gestae is exception to hearsay rule. The rationale behind this is the spontaneity and immediacy of such statement that there is hardly anytime for concoction. So, such statement must be contemporaneous with the acts which constitute the offence or at least immediately thereafter.

Res gestae includes facts which form part of same transaction. So, it is pertinent to examine what is a transaction, when does it start and when does it ends. If any fact fails to link itself with the main transaction, it fails to be a res gestae and hence inadmissible. If any statement is made under the stress of excitement than such statement form part of the same transaction and is admissible before the court of law.

The strength of sec. 6 lies in its vagueness. Each case in criminal law should be judged according to its own merit. When it is proved that the evidence forms part of the same transaction it is admissible under sec. 6 but whether it is reliable or not depends on the discretion of the Judge.

Keywords: res gestae, indian evidence act

JEL Classification: Z10

Suggested Citation

Sharma, Sharda Girijesh, Res Gestae in Indian Evidence Act (November 11, 2008). Available at SSRN: https://ssrn.com/abstract=1299111 or http://dx.doi.org/10.2139/ssrn.1299111

Sharda Girijesh Sharma (Contact Author)

P.G Dept. of Law, Patna University ( email )

Ashok RaJ Path
old pATNA
Patna, Bihar 800001
India

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