Res Gestae

• Section 6 of the Indian Evidence Act: ‘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 time and place.’
• The Latin term for this doctrine is Res Gestae, which translates to “things done.” It
explains a spontaneous statement made by someone soon after an occurrence, before the
human mind has a chance to make up a fake story. A statement made under Res Gestae is
one that is made on the spot, that is, during or immediately after the conduct of the crime.
There is extremely little opportunity for uncertainty or doubt as a result. Res Gestae is a
doctrine that places a proclamation in such close proximity to the event’s commission
that there is almost no opportunity for confusion or incorrect interpretation.
• ‘Res Gestae’ basically means a transaction (thing done/ subject matter).
• The test of admissibility of evidence – as a part of Res Gestae is whether the Act,
declaration or exclamation is an intimately interwoven or connected with the principal
facts.
• ‘Facts forming part of same transaction’ – This includes both physical acts and words
spoken whether by person doing such acts, the person to whom such acts, the person to
whom such acts are done or any other person(s).
• It is a general rule – The evidence of connected precedent or surrounding circumstances
is proper to show the probability that the principal fact has happened in all cases where it
may naturally be assumed that a connection exists between main fact and subordinate
fact.
• The act or transmission may be completed in a moment of time, or may extend through a
period of days or weeks, or even months.
Pre-Conditions to Res Gestae:

1. Statement must explain and characterize the incident in some manner.

2. Statement must be a statement of fact and not opinion.
3. Statement must be spontaneous and not merely narrative of the past.
4. Statement must include participants of transaction; In criminal: Victim, accused, eye-
witness; In civil: Attesting witnesses and concerned parties
5. Statements made by bystanders provided their presence on the spot is established.
Note: Filing of FIR forms part of Res Gestae.
i. A TRANSACTION
The term “transaction,” as used in this section, is defined by a single name as any unlawful act,
contract, wrongdoing, or other possible area of inquiry. A suitable distance from the time, pace,
and cause and effect, it includes both the immediate cause and effect of an act or event as well as
its collection of pertinent circumstances, the other required antecedents of its occurrence,
connected with it.13The proximity of time, unity or proximity of place, continuity of acts, and
community of purpose or design are reliable indicators of what kind of transaction it is.
ii. BYSTANDER
All the people present at the time of the incident are referred to as bystanders in section 6. When
several others arrived at the scene shortly after a murder and were informed by the eye witnesses
who the two perpetrators were, their testimony is important. Therefore, the declaration must try
to show and explain the event at issue and be mostly contemporaneous with it.
 iii. TEST FOR ADMISSION OF EVIDENCE UNDER RES-GESTAE
The judge’s first consideration is whether the likelihood of fabrication or distortion can be
discounted. The judge must first take into account the circumstances surrounding the specific
statement in order to be convinced that the incident was so extraordinary, jarring, or fanatical as
to dominate the victim’s thoughts and that the victim’s utterance was an instinctive response to
that incident, leaving no real room for thoughtful reflection. If the statement was delivered under
circumstances of approximate but not exact contemporaneity, the judge would be permitted to
draw the conclusion that the event’s involvement or pressure would rule out any possibility of
fabrication or distortion.
iv. STATEMENT SHOWING MOTIVE AND INTENTION
The declaration of someone’s intention to do something is not admissible as proof that they
really did it. Investigating what someone says he is intending to do to determine if he carried out
his claimed intention is a completely different subject from examining what someone says when
his intention is at stake. In order to establish the motivation behind a behavior, evidence of the
comments that accompany the behavior may be provided. Because the declarant may change his
opinion between the declaration and the act, statements that are not contemporaneous with the
act cannot identify the motivation behind it.
v. Expansion of the Doctrine of Res Gestae
Courts have gradually expanded this section’s application to include situations including
domestic abuse, kid witnesses, etc. Domestic abuse and assault cases invariably have a shocking
event, which frequently involves the problem of ecstatic speech. Only the victims in these
situations can name the suspected offender. Therefore, it is necessary to accept such victim
evidence. Rape cases typically happen alone. Therefore, there is no eyewitness to such an event.
Rape and domestic violence cases are distinct from all other crimes.