The India) Evidece Act.

1872

ANSWER:

MEANING:

torm)= event, thing done, the subject matter.

fact, transaction,
res gestae. (Latin
a a an
Evidence Act. Buf similar
he tem res gestae Is innot defined or mentioned any where in the Indian is in Section 6.
meaning has been given Section 6 of his Act. The meaning of 'res gestae' inherent
Halsbury definesacts which form part of the res gestae and are consequently provable as facis

evarnt to thetheissue, mcltude acts, declarations and incidents which themselves constitute or accompany
"
Tacis or transaction in issue.
and explan
and incident
The expressIOn res gestae'means as including everything that may be fairly considered
under discussion.
of the event
be broadly defined as incidental to the main fact and
matter explanatory of it, including
Res gestae may
acts and words which are so ciosely connected therewith as to constitute a part of the transaction and
are the events
without a knowledge of which the main fact might not be properly under stood. Theythe circumstances,
themselves speaking through the instinctitive words and acts of the participants, with it and serve to
which grow out of the main fact, are contemporaneous
facts and declarations
illustrate its character.

the phrase has been given a restricted meaning, to the effect that facts
English Law: In England fact
the res gestae must be such as are connected with the main transaction or
which constitute
as to constitute a part of it.
under the investigation
Sections 6 and 7 of the Indian Evidence Act, 1872 deal with the principle of res gestate
Indian Law: or explaining the
Acts or declarations accompanying
embody the rule of admission ofevidence. and are admitted as evidence. Strictly speaking,the
part of res gestae
fact in issue are treated as aSections 6 and 7 as res gestae are hearsay evidence.
evidence admissible under

SECTION : not in issue, are so connected

transaction:-- Facts which, though
Sec.6. Relevancy offacts forming part of same whether they occurred at the same time and
of the same transaction, are relevant,
with afact in issue as to form part
different times and places.
place or at lustrations
the by-standers at the beating,
or
Whatever was said or done by A or B or
is accused of the murder of B by beating him.
A
(a)
or after it as to form part
of the transaction, is a relevant fact.
so shortly before insurrection in which property is
Government of India by taking part in an armed
war against the
(b) A is accused of waging The occurrence of these facts is relevant, as forming part of the
attacked, and goals are broken open.
destroyed, troops are not have been present at all
of them.
transaction, though A may
general
a correspondence. Letters between
the parties relating to the subject
letter forming part of
contained in a they
(c) A sues B for a libel in which it is contained, are relevant facts, though
and forming part of the correspondence
out of which the libel arose,
do not contain the libel itself.
delivered to several intermediate
B were delivered to A. The goods were
certain goods ordered from
(d) The question is, whether
fact.
Each delivery is relevant
persons successively.

IMPORTANT POINTS:

A. INGREDIENTS:
related to each other as to form components of the
The facts are
1. Every fact is a part of other facts.
principalfact. connected together
A transaction is a group of facts,
2 "Same transaction" of the Section 6 means
name as a crime, a contract,
a wrong or any other subject to
to be referred to by a single legal
enquiry which be in issue
All the facts which are parts of the
are relevant.
3. Facts which form part of the same transactions the others
that when one of such facts is in issue,
same transaction are relevant to each other so
are admissible.
Another act may take some months together.
4ime: An act may occur within a few seconds.
boundaries.
a room, or within a country or beyond the
.Space: The transaction may took within
There is no limitation of space.
and
with the fact in issue
.
Physical acts: Physical acts may form the part of the same transaction
are relevant
actsforming part of the transaction or words accompanying
Fsychological acts: Psychological
pnysical acts may form the part of the same transaction.
46 Theindian Evidence Act, 1872
B. After lapse of certaln time after the incident: Any answer to query after lapse of
some time. it
cannot be treated as a res gestae. The obvious ground of admission of evidence in ilustration (a) is
spontaneity and immediacy of the act or the declaration in question. The condition precedentis that
the fact deposed must form part of the same transaction. The reason for imposing this condition is
that the fact sought to act or immediately after it and not at such an interval of time fromt as to allow
of fabrication or to reduce the statement to a mere narration of past. Thus illustratiorn (a)shows that
spontaneous statements in the course of the transaction are admissible as being res getde
C. Statements of bystanders: Statement of a
bystander is admissible if it
forms part otthe same
transaction with the fact in issue. A statement of a witness who had come to the spot of murder arter
the occurrence to the effect that the persons present there were saying that the accused had kiled the
hearsay and not
edsea Without indicating whether they had attually witnessed the murder only
is
admiss1ble under Section 6.
of occurrence
.ne shouts and cries of the eye-witnesses, the accused and deceased, at the time
are relevant facts.
Hence not
Statements made to third parties: The statement should not be narrative of the past.be
Televant. Statement made to a third party is not relevant. In a few cases, this
rule may exXcused
res gestae, and are not
ne conduct of complainant in narrating incident to his/her colleagues is not
under Section 6. Of course, such statements in the narration may be used as corroborative
admissible
evidence under Section 157.
F. The statement must be spontaneous and connected: All spontaneous statements in some
connected with the transaction under admissible. If the statement is a part of
way investigation are not
the transaction in the course of the fact in issue is admissible.