Scribd Logo
Upload

Welcome to Scribd!

  • 13 views

    Doctrine of Res Gestae

    Uploaded by

    Keshni goel

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Doctrine of Res Gestae

    Uploaded by

    Keshni goel
    13 views3 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views3 pages

    Doctrine of Res Gestae

    Uploaded by

    Keshni goel

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 3

    Doctrine of Res Gestae

    Section 6 is the res gestae doctrine i.e Facts that are so linked to a fact in
    question that they form part of the same transaction, although not in
    question but are relevant, whether they occurred at different times and
    places or at the same time. Res gestae contains facts that are part of the
    same transaction. If any fact does not connect to the main transaction, it is
    not res gestae and therefore inadmissible.

    Illustrations:
     An injured person crying in pain or for help.
     The sound of a shot of a bullet.
     Gestures made by the person dying etc.

    Transaction
    A transaction, is defined as a crime, error, or any other subject of inquiry that
    may be in question. It includes both the immediate cause and effect of an act
    and the other necessary things of its occurrence at a reasonable time, place,
    cause and effect.

    A good working test for deciding what a transaction is:

     Unity or proximity of place,


     Proximity of time,
     Continuity of actions, and
     Community of purpose.
    A transaction may be a single incident occurring for a few moments or it may
    be spread across a variety of acts, statements, etc. All of these constitute
    incidents that tend to explain the fact in question.
    Expansion of the Doctrine of Res
    Gestae
    Slowly, courts have extended the scope of this section to cases like domestic
    violence, child abuse, etc. Domestic violence and cases of assault necessarily
    involve a surprising event. In these cases, only victims can identify the
    alleged culprit. Therefore, such statements of victims must be admitted as
    Cases of rape usually occur in isolation. There is therefore no eye witness to
    an event like this.

    Hearsay as Res Gesate- The doctrine of Res Gestae is one of the


    exceptions to the principle of hearsay. Hearsay evidence refers to the
    statement by a person who has not himself seen the happening of the
    transaction but has heard about it from others. For example, a person who
    has himself witnessed an accident can give evidence of it to the court. But
    his wife, who heard about the accident from him, cannot give evidence of
    it to the court, her knowledge being indirect or hearsay as Res Gesate.

    Cases
    In another case Rattan Singh v HP, where shortly before the incident in which a
    woman died of gunshot, she exclaimed that a man was standing near her with a
    gun in his hand, the statement was held to be sufficiently proximate in time to be
    a part of the same transaction.

    In the case of Ratten v. Queen, 1971, a man was charged with the murder
    of his wife. He defended himself in the court saying that the shot went off
    accidentally. However, there was evidence to show that the deceased wife
    contacted the telephone operator. But before the operator could connect the
    call to the police the lady who spoke in distress gave her address and then the
    call ended suddenly. Thereafter the police went to the address so given and
    found the dead body of a woman, that is, the wife of the accused. And on the
    basis of these facts the accused was convicted for murder. Her call in distress
    clearly showed that the shooting in question was intentional rather than being
    accidental.

    In the case of Sawal Das v. State of Bihar, 1974, a husband, his father,
    and his mother were prosecuted for the murder of his wife. There was
    evidence to show that she cried out for help and also screamed out that she
    was being killed by the accused persons. Also, the children who were playing
    outside exclaimed that their mother was being killed.
    These statements of the deceased as well as of the children were held to be
    relevant as Res Gestae.

    In the case of R v. Foster, 1834, the deceased was killed in an accident by


    a speeding truck. The witness had only seen the speeding vehicle towards the
    deceased and not the actual accident. The witness was allowed to give
    evidence of what the deceased said, it being a part of Res Gestae.

    You might also like