The Doctrine of Res Gestae: A Critical Analysis
Written by: Ms. Aditi Mohapatra
ABSTRACT
The Doctrine of Res Gestae is embodied in Section 6 of the Indian Evidence Act, of 1872 and, the doctrine is an exception to the hearsay clause, however, in a court of law, hearsay testimony is not admissible. The purpose for this is that such a sentence is immediacy and spontaneity, leaving little time for the concoction. As a consequence, such a declaration must be delivered at the same time as or soon after the actions that constitute the crime. The following events that are part of the same transaction are used in the principle of res gestae.
As a consequence, it is critical to analyze what constitutes a transaction, where it starts and ends, and it is not a res gestae if the given facts are unable to connect themselves to the prime transaction resulting in inadmissibility. If, on the other hand, a comment is made under the burden of excitement, then it is considered admissible in the eyes of the court because it’s all part of the same transaction. The ambiguity of Section 6 of the Indian Evidence Act,1872 gives it the power. Section 6 is admissible only if the testimony is established to be part of the same transaction, however, the Court must determine if it is valid or not.
Keywords: The Doctrine of Res Gestae, Res Gestae, Indian Evidence Act,
INTRODUCTION
Res Gestae is the legal theory of evidence, which is the most complex field of criminal jurisprudence in terms of how to justify and what form of evidence to bring in court. The Res Gestae doctrine is endowed on the principle that, as with the criminal justice system, any significant part of the course of incidents is held before the ultimate disposition by the judiciary, meaning that no evidence should be tossed out on the grounds of minor technicalities, even though those technicalities differ from case to case. The explanation for this is that the criminal code has adopted the doctrine of res gestate, which requires proof of any valid evidence. It is impossible to prove the whole event without the assistance of any incomplete evidence. Whereas another piece of evidence, known as the Res Gestae doctrine, can be used to prove this. The Latin term “Res Gestae” means “part of the same transaction,” implying that the related component of the operation is linked to the key transaction of the event directly or indirectly………………………………………………………. To Read the Full Paper Click on the download button below.
Read the Previous Article
Marital Rape: Defacto not Dejure | Krati Vats | TLCJK6GRA3DR
(UPSI) Unpublished Price Sensitive Information: Analysing the Scope of Regulation 2(n) of SEBI
Public-Private Partnership in Airports Development in India: A critical study
The era of Industry 4.0 and Gig Economy: The Future of Work and the New Labour and Industrial Regime
Climate Change Adaptation and Technology Transfer: Tightening the Knot by Human Rights
Advertising Law: Observing the Fine line Amongst Online Advertising and the Law
