The doctrine of res gestae. Doctrine of Res Gestae: a Critical Analysis 2022-10-12
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The doctrine of res gestae, also known as the "spontaneous exclamation rule," is a legal principle that allows for the admission of certain statements made by a witness or victim in response to an exciting event or condition. These statements are considered reliable because they are made spontaneously and without the opportunity to fabricate or distort the facts.
The doctrine of res gestae originated in Roman law and has been adopted by many legal systems around the world. In common law systems, such as the United States and the United Kingdom, the doctrine of res gestae is typically used to admit statements made by a witness or victim in response to an event that causes a strong emotional reaction, such as a crime, accident, or natural disaster.
For example, if a witness to a crime hears the victim scream, "He's got a knife!" and then runs to call the police, the statement "He's got a knife!" would likely be admissible under the doctrine of res gestae. This is because the statement was made spontaneously in response to the exciting event of the crime, and there was no opportunity for the witness to fabricate or distort the facts.
The doctrine of res gestae is often used in criminal cases, but it can also be applied in civil cases. For example, if a witness to a car accident hears the driver of one of the vehicles exclaim, "I didn't see the stop sign!" that statement might be admissible under the doctrine of res gestae.
In order for a statement to be admissible under the doctrine of res gestae, it must meet certain criteria. First, the statement must be made in response to an exciting event or condition. Second, the statement must be made spontaneously and without the opportunity to fabricate or distort the facts. Finally, the statement must be relevant to the case at hand.
The doctrine of res gestae is an important legal principle that allows for the admission of reliable, spontaneous statements made in response to exciting events or conditions. It helps to ensure that the truth is accurately represented in court proceedings, and it helps to protect the integrity of the legal system.
Doctrine of Res Gestae
The rule as to admissibility of evidence known as the Res Gestae rule has been declared to be incapable of any precise definition and it has been applied to so many different and unrelated situations that it has been said that the difficulty of formulating a description of Res Gestae which will serve all circumstances seems insurmountable. How does the Indian Evidence Act, 1872, define res gestae, if at all? In the case of Sabir v. If the speaking of the words is a relevant fact, a witness may give evidence that they were spoken. The Court has reliably kept up that this convention will never be nullified. 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. In addition, the Council also appointed the Hon. But if the drama, leading up to the climax, has commenced and assumed such intensity and pressure that the utterance can safely be regarded as a true reflection of what was unrolling or actually happening, it ought to be received.
C shared this news to D. Each case in criminal law should be judged according to its own merit. Attorney General or his nominee, the Solicitor General or his nominee, Professor Camina Gunaratne, the late Dr. Res Gestae refers to a statement made at an event, that shows that the event took place, since the words were spoken at the moment the event was observed. This may often be difficult to show. When it is proved that the evidence forms part of the same transaction it is admissible under sec. Res gestae also hired the hearsay exceptions for present-sense impressions, excited utterances, direct evidence of the state of mind, and statements made to physicians.
If it can be proved that the victim was still under the stress of shock then such a statement can be admitted. The extent to which these types of digital evidences are appreciated by the courts to treat them conclusive proof of any fact in issue, is going to be examined in this work. A TEST FOR ADMISSION OF EVIDENCE UNDER RES-GESTAE The primary question which the judge must ask oneself is-can the possibility of concoction or distortion is disregarded? The question before the court was that was that can the deposition of the accused father beadmitted under S. The case for murder was based on circumstantial evidence as there was no direct evidence. Example — contract, crime, etc. So, it is pertinent to examine what is a transaction, when does it start and when does it end. Be that as it may, different exchanges, for example, murder broaden longer.
Doctrine of Res Gestae, Concept and Scope by Aamir Khan :: SSRN
P 1987 3 SCC 227 The person who was suspected of the murder explained, the absence of the deceased, shortly after the murder by saying that, he had left the village, held that statement is a relevant fact, being part of the transaction. MEANING OF RES GESTAE Res gestae has no exact English translation. Due to the common misconception that moneys in bank accounts are owned by their account holders who are usually the bank customers , and, the complicated nature of the principles of banking law, sometimes, it may be thought that a mistaken payment resulting from an erroneous credit entry in a customer account is a free gift from the bank to its customer. Absence of a finding as to whatever information given by accused's father to the deceased's father that the accused had killed the deceased was either of the time of commission of the crime or immediately thereafter. Domestic violence and assault cases necessarily involve a startling event; they often include the issue of excited utterances.
The Doctrine of Res Gestae under Section 6 of the Indian Evidence Act,1872
It illustrates the expansion of this exclusion up until its most recent codification in 2003. Therefore, such testimony of victims must be admitted. The main transaction is not necessarily confined to a particular point of time, but may extend over a longer or shorter period, according to the nature and character of the transaction. Res gestae includes facts which form part of the same transaction. The testimony of children is often the subject of excited utterance debateUsually, whenever there is a time gap, the transaction is said to end and any statement which does not form part of the transaction is inadmissible. So firmly connected to both time and material of the event or episode, that it becomes a piece of the day. A police constable heard a woman shouting "your place burning and you going away from fire".
A TEST FOR ADMISSION OF EVIDENCE UNDER RES-GESTAE The primary question which the judge must ask oneself is-can the possibility of concoction or distortion is disregarded? One of the villagers who witnessed this incident ran to the village police name- Patel , while the beating was in progress and other villagers also said the same to Patel. The deposition was made by the father of the accused that he made a phone call to the accused andsaid over thecall that his soon had killed the deceased. As per the stated words of Indian Evidence Act, under section 6, facts which though not in issue, are 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 times and places. State of West Bengal, In all the cases mentioned above the test applied to make the evidence admissible was to consider that was the statement was made at the spur of the moment without an opportunity to concoct and fabricate anything. But the main test must be continuity of action and community of purpose. A transaction may last for weeks. It is a spontaneous declaration made by a person immediately after an event and before the mind has an opportunity to conjure a false story.
In this case if child witness failed to react on the spot but spoke later, it could still be admissible under sec 6. Conclusion Usually, evidence is brought to res gestae if it can not be brought to any other section of the Indian evidence act. The Council therefore appointed Hon. First, the rule was strictly laid down in this case solely because the statement was one identifying the accused. This, it is submitted, is considered equally unworthy as it merely substitutes one vague phrase for another.
Doctrine of Res Gestae and Section 6 of the Indian Evidence Act
It also seeks to evaluate the extent and nature of its import in the provisions of the Indian Evidence Act, 1872, and the manner in which it has been construed by the Indian Judiciary. Primary sources include statutory and case law, while secondary sources include books and scholarly articles. The transaction can confine a singular act or a series of acts, which may be done at a different place, or at a different time, but it must be concurrent with the act. It has been interpreted and applied in diverse ways that it has been said that the difficulty of formulating a description of Res Gestae ,which will serve all circumstances seem unsurmountable. The statements, either oral or written, must be made with concurrence to the main issue and not merely accompany the act. All of these constitute instances, which supplement, explain or qualify the fact and issue raised in the court of law.
CONCLUSION Usually, the evidence is brought under res gestae when it cannot be brought under any other section of the Indian evidence act. State Of Uttar Pradesh. The most difficult field of criminal jurisprudence is the method to prove what kind of evidence is put before the courts. So res gestae as an expression includes everything that may be aptly considered and incidental to the event, which is under consideration or a matter of discussion. A transaction may constitute a single incident occupying a few moments or it may be spread over a variety of acts, declaration etc.
