16 Pages Posted: 13 Nov 2008 Last revised: 28 Jan 2009
Date Written: November 11, 2008
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: Suggested Citation