Question: Explain the term Res gestae. [U.P.C.J. 2018, Bihar J.  2011, D.J.S.  1996, HR.J.S 2015] Find the answer to the mains question only on Legal Bites [Explain the term Res gestae.] Answer Section 6 of the Indian Evidence Act lays down that “Facts Which though not in issue or so connected with a fact in issue as to form… Read More »

Question: Explain the term Res gestae. [U.P.C.J. 2018, Bihar J. 2011, D.J.S. 1996, HR.J.S 2015] Find the answer to the mains question only on Legal Bites [Explain the term Res gestae.] Answer Section 6 of the Indian Evidence Act lays down that “Facts Which though not in issue or so connected with a fact in issue as to form part of the same transaction are relevant whether they occurred at the same time and place or at different time and place” Section 6 of Evidence Act enacts...

Question: Explain the term Res gestae. [U.P.C.J. 2018, Bihar J. 2011, D.J.S. 1996, HR.J.S 2015]

Find the answer to the mains question only on Legal Bites [Explain the term Res gestae.]

Answer

Section 6 of the Indian Evidence Act lays down that “Facts Which though not in issue or so connected with a fact in issue as to form part of the same transaction are relevant whether they occurred at the same time and place or at different time and place” Section 6 of Evidence Act enacts the Rule which English textbook treated under the head of “Res Gestae”

Res Gestae is a Latin term which means, ‘things done.’ It is adapted from the English doctrine of res gestae, though the term is not used directly in Section 6 of the act, it is applied in Indian law.

To quote Peter Murphy; res gestae is, “To state a fact or event in isolation without reference to its antecedents in time, place or surrounding circumstances, may render the fact, difficult or even impossible to comprehend.” Hence, supporting facts are used to prove or give meaning to the facts in the issue and these form the part of res gestae. It is an exception to hearsay evidence (Hearsay evidence is what one has heard and not seen).

Relevant facts could include both acts and omissions, and they could be isolated or contiguous but they should form a part of the transaction in question. In Milne v. Leisler (7 H.&N. 796: 126 RR 704), the fact that the contractor wrote a letter to his broker to make inquiries was held to be a part of res gestae; in deciding whether a contract was made as an agent or in a personal capacity.

Uncertainty regarding instant statements and a false narrative of a detached prior event was cleared in the case of Ratten v. Reginam (3 All ER 801), where Lord Wilberforce said that it should be up to the Judge to satisfy himself that whether the statement was made in spontaneity and instantly or is a constructed narrative and hence, shall be excluded.

The Supreme Court of India in the case of Sukhas v. State of U.P. 2000 Cri. L.J. 29 observed “the principle of law embodied in Section 6 of Evidence Act is usually known as 'Res Gestae. ‘The essence of the doctrine is that a fact which though not in issue is so connected with a fact in issue as to form part of the same transaction becomes relevant itself.

This Rule is roughly speaking in exception to the general rule that hearsay evidence is not admissible, the rationale in making certain statements or facts admissible under Section 6, is on account of the spontaneity and immediacy of such statement or fact in relation to fact in issue. But it is necessary that such statement or fact must form part of the same transaction.”


Important Mains Questions Series for Judiciary, APO & University Exams

  1. Law of Evidence Mains Questions Series Part-I
  2. Law of Evidence Mains Questions Series Part-II
  3. Law of Evidence Mains Questions Series Part-III
  4. Law of Evidence Mains Questions Series Part-IV
  5. Law of Evidence Mains Questions Series Part-V
  6. Law of Evidence Mains Questions Series Part-VI
  7. Law of Evidence Mains Questions Series Part-VII
  8. Law of Evidence Mains Questions Series Part-VIII
  9. Law of Evidence Mains Questions Series Part-IX
  10. Law of Evidence Mains Questions Series Part-X
Updated On 2021-09-14T05:22:42+05:30
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