The doctrine of Res Gestae plays a crucial role in the Indian legal framework, particularly in the realm of evidence law. Res Gestae refers to statements or actions that are made spontaneously and in direct connection to an event in question, allowing them to be admitted as evidence in legal proceedings. The doctrine seeks to preserve the integrity of the legal process by ensuring that evidence closely linked to the facts of the case is given due consideration, even if it comes from a source other than an eyewitness or formal testimony.
In essence, Res Gestae recognizes the importance of immediate, unreflected statements or actions made by individuals during or after the commission of an event, provided that these statements or actions are directly relevant to the issue at hand. By permitting such evidence, Res Gestae helps courts access a more accurate and complete picture of the incident, particularly when it is crucial for determining the facts in dispute.
This paper explores the principles underlying Res Gestae, its historical evolution, and its application within the Indian legal system. Through an analysis of key case laws and a review of relevant provisions under the Bharatiya Sakshya Adhiniyam Act, this paper aims to highlight the critical role Res Gestae plays in ensuring fairness, transparency, and justice in legal proceedings. Furthermore, it will examine how the doctrine balances the need for reliable evidence while safeguarding against hearsay and fabricated narratives.Legal services are essential for individuals and businesses facing disputes, contracts, or other issues. A strong law firm can provide expert advice, protect rights, and help you get justice.
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Meaning and Origin of the Term "Evidence"
The term “evidence” has its roots in the Latin word “evidentia”, which translates to “clarity” or “manifestation.” The Latin root “evidens” is a combination of two parts: “e-“, meaning “out” or “from,” and “videre”, meaning “to see.” Thus, evidentia literally means “the state of being clear or visible,” referring to something that is easily perceived, understood, or demonstrated with certainty.
In the context of law, the term evidence refers to any material, testimony, or information that serves to prove or disprove facts in a legal dispute. It is the fundamental means by which parties present their case, with the goal of persuading the court to adopt one version of events over another. The term inherently emphasizes the need for clarity in the presentation of facts, ensuring that what is being shown or demonstrated to the court is easily understood and unambiguous.
What Are Facts?
Section 3 of the Bharatiya Sakshya Adhiniyam:
“Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.”
This provision outlines two primary categories of facts that may be presented in legal proceedings: Facts in Issue and Relevant Facts.
Facts in Issue (Factum Probandum)
The term “Fact in Issue” (or Factum Probandum) refers to the central facts around which a legal dispute arises. These are the key facts that the parties in the case are contesting, and they directly determine the rights and liabilities of the parties involved. A Fact in Issue is the subject of dispute and the foundation upon which the legal question is based. For example, in a murder trial, the fact in issue might be whether the defendant was present at the scene of the crime or whether they had the intent to kill.
- Example:
In a civil case regarding a contract dispute, the fact in issue could be whether a valid agreement was formed between the parties. If one party claims there was an agreement but the other party denies it, the fact in issue would be whether the contract exists and its terms.
Relevant Facts (Factum Probans)
Relevant Facts (or Factum Probans) are those facts that, while not directly in dispute, are necessary to establish or corroborate the Fact in Issue. These facts support or provide context to the main fact, often helping to establish a chain of events or circumstances that lead to the conclusion of the fact in issue. In essence, relevant facts are the pieces of evidence that assist the court in drawing inferences or conclusions about the Fact in Issue.
- Example:
In a theft case, the fact in issue might be whether the defendant stole the item in question. Relevant facts could include the defendant’s location at the scene of the crime, fingerprints on the stolen property, or the testimony of a witness who saw the defendant near the crime scene shortly before the theft occurred.
Admissibility of Evidence
The Bharatiya Sakshya Adhiniyam Act lays down specific guidelines on the admissibility of evidence in court, distinguishing between primary and secondary evidence. Documentary and oral evidence are permissible, provided they meet the necessary conditions for relevancy and reliability. However, certain types of evidence, such as hearsay evidence, are generally inadmissible.
Hearsay Evidence
Hearsay evidence refers to information presented in court by a person who did not directly observe the event in question but has only heard about it from someone else. This type of evidence is considered unreliable because it lacks direct, personal verification. The principle behind the exclusion of hearsay evidence is that it cannot be cross-examined, which diminishes its credibility.
Example:
If Person A tells the court that Person B said they saw the defendant at the scene of the crime, this is hearsay evidence, as Person A did not directly observe the event but is instead repeating what Person B allegedly said.
Exceptions to Hearsay: The Doctrine of Res Gestae
Despite the general rule excluding hearsay evidence, there are certain exceptions where such evidence may be admissible. One of the key exceptions is the Doctrine of Res Gestae, which allows statements made spontaneously during or immediately after an event to be admissible if they are closely related to the event in question. These are considered reliable because they are made in the heat of the moment and without time for reflection or fabrication.
Example:
If a person, immediately after witnessing a car accident, exclaims, “That driver ran the red light!”, this statement could be admissible under the Doctrine of Res Gestae, as it is a spontaneous reaction closely tied to the event.
Meaning of Res Gestae
Res Gestae is a Latin term meaning “things done” or “things which have happened.” In legal terms, it refers to statements or actions that are considered to be an integral part of an event and are admissible as evidence due to their close connection with that event. These statements, typically made spontaneously and in the heat of the moment, are exceptions to the hearsay rule because they are seen as reliable and untainted by reflection or fabrication. The doctrine allows such statements to be admissible in court, even if they are not made by a direct witness to the fact in issue, as long as they are made during or immediately after the occurrence of the event in question. The principle behind Res Gestae is that these statements reflect the declarant’s immediate perceptions or emotions, providing a truthful account of the event without the opportunity for distortion or contrivance.
The key features of Res Gestae are as follows:
- Spontaneity: The statement or action must be made spontaneously or contemporaneously with the event in question, without any opportunity for reflection or fabrication. It reflects the immediate reactions of the individual involved.
- Relevance to the Event: The statement or action must be directly related to the event in question. It should form an essential part of the event, either as a reaction to it or as a description of it, without being disconnected or separate.
- Unreflected Nature: Res Gestae is typically seen as trustworthy because the statement or action is made in the heat of the moment, without time for the person to fabricate, exaggerate, or distort the facts.
- Part of the Event: The statement must be so closely connected to the event that it can be seen as an integral part of the transaction or occurrence. It is not merely an afterthought or commentary but forms part of the sequence of actions or words connected to the event.
- Admissibility in Court: Res Gestae exceptions allow such statements or actions to be admissible as evidence in court, even if they would otherwise be classified as hearsay. Courts consider them reliable because they are made in the immediate context of the event.
- Examples of Res Gestae: Common examples include exclamations made during an incident (e.g., “Watch out! He’s got a gun!”), statements made immediately after a crime (e.g., a witness shouting “I saw him do it!”), or a person’s actions in response to a particular event (e.g., running from a crime scene).
These features distinguish Res Gestae from typical hearsay evidence, ensuring that certain spontaneous statements, made during or directly after an event, are admissible in legal proceedings because they are considered to be more trustworthy and closely tied to the truth of the matter at hand.
Various Factors Affecting the Determination of Facts in the Same Transaction Under Res Gestae
In legal proceedings, when determining whether certain facts, statements, or actions are part of the same transaction under the doctrine of Res Gestae, several critical factors come into play. These factors help assess the temporal, spatial, and contextual proximity of the events in question. The primary considerations include the time of the incident, the location of the occurrence, and the nature of the statements made by witnesses present at the scene. Below is a detailed exploration of these factors:
Time of the Incident
The determination of whether certain facts or actions are part of the same transaction is inherently linked to the timing of those events. The Indian Bharatiya Sakshya Adhiniyam Act does not prescribe a strict time frame within which an action must occur to be considered part of the same transaction. Some acts may transpire mere seconds after the main event, while others may unfold over an extended period.
For instance, in cases involving ongoing negotiations or agreements between parties, such as in contractual disputes, the acts done months after the initiation of negotiations could still be deemed part of the same transaction. This is particularly true when these acts are integral to the continuity of the original transaction or are a direct consequence of it.
For example, if two parties are negotiating the terms of a complex commercial contract over several months, all the actions and decisions made during this period, including discussions, negotiations, and actions taken thereafter, may form part of the same transaction, even though some events may occur months apart.
The relevance of actions occurring before or after the main act is thus determined by the facts and circumstances of each case, with the focus on whether they are closely related to the central event.
Place of the Incident
Much like time, there is no definitive restriction on the location where the acts or facts constituting the same transaction may occur. The place of the incident, therefore, cannot be confined to a single physical space. Acts forming part of a single transaction may span across different locations, whether within a single room, multiple sites, or even across national borders.
For example, a shooting incident may take place at a specific location, but the actions surrounding a terrorist act or a rebellion could involve multiple locations—such as an attack initiated in one region and spreading across an entire country. The overarching concept is that the location of the event must be sufficiently connected to the central transaction, not confined to a specific geographic point.
Statements by Bystanders
The concept of Res Gestae also extends to statements made by bystanders—individuals who were present at the scene of the event and witnessed its occurrence. The key to the admissibility of such statements is the proximity in time and place to the act itself. Statements made by bystanders who were present at the moment of the event are typically deemed relevant under Res Gestae if they are made spontaneously and immediately after the occurrence, reflecting the facts as perceived in real-time.
Statements made by individuals who were not present during the commission of the act, or those made long after the event, are generally not admissible, as they lack the immediacy and reliability associated with Res Gestae. In the case of Ghulam v. R, for instance, the victim of a rape made statements about the appearance of the perpetrators and the incident itself six months after the event.
The court held that these statements did not form part of the same transaction, as the victim had sufficient time to fabricate a false narrative, making the statements inadmissible under Section 6 of the Indian Bharatiya Sakshya Adhiniyam Act.
The Test For Admissibility Of Evidence Under The Doctrine Of Res Gestae
The test for admissibility of evidence under the doctrine of Res Gestae is primarily concerned with determining whether a statement or action is closely connected to the event in question, both in time and relevance. The key factors that guide this test are as follows:
Immediacy of the Statement or Action
- The statement or action must be made spontaneously and contemporaneously with the event in question. It should not be a narrative of past events or a statement made after a significant time lapse, as this would weaken its direct connection to the incident.
- For example, if a person makes a statement immediately after witnessing a crime, it is more likely to be admissible under Res Gestae because the spontaneity and immediacy show that the statement is a direct response to the event.
Relevance to the Main Fact in Issue
- The statement or action must directly relate to the facts in issue or the surrounding circumstances of the event. It should help explain or illustrate the main fact in question, whether it is the identity of the offender, the nature of the crime, or any other pertinent detail.
- For example, if a person shouts the name of the assailant immediately after being attacked, this may be admissible because it directly identifies the perpetrator and is part of the ongoing event.
Part of the Same Transaction
- The statement or action must form part of the same transaction. This means that it must be closely linked to the event, occurring during or immediately after the occurrence, without substantial gaps of time. If a statement or action is made long after the event, it will generally not qualify as part of the same transaction.
- For instance, if a victim, in a state of shock, immediately exclaims the name of their attacker, this can be considered part of the same transaction as the attack itself. However, if the statement is made hours or days later, it may not be admissible.
- Spontaneity and Lack of Reflection
- The statement or action must be spontaneous, meaning it should arise naturally from the event and not be premeditated or reflect the person’s thoughts after the event. It should be made under the immediate influence of the event, without time for reflection or fabrication.
- For example, if a person yells “Help! I’ve been attacked!” right after being assaulted, the statement is considered spontaneous and admissible as part of the same transaction. If the same statement were made after the person had time to reflect or deliberate, it would likely not be considered admissible.
No Opportunity for Fabrication
- The statement should not be made under circumstances where the person has had time to fabricate a story. The presence of time to reflect and create a false narrative weakens the reliability of the statement, thus making it inadmissible under Res Gestae.
- For example, a statement made by a witness to the police hours after an event, where the witness has had time to reflect, might be deemed inadmissible because the possibility of fabrication exists.
Example of Application:
- Admissible under Res Gestae: A victim of an assault immediately exclaims, “He hit me with a stick!” while the attacker is still present and in the immediate vicinity. This statement is admissible because it is made spontaneously, immediately following the attack, and is directly relevant to the incident.
- Inadmissible under Res Gestae: A witness to the assault gives a detailed description of the incident to the police hours later, recounting events in a calm, reflective manner. This would be considered a narrative and not admissible under Res Gestae.
Difference Between Res Gestae and Hearsay Evidence
Aspect | Res Gestae | Hearsay Evidence |
|---|---|---|
Definition | Refers to statements or actions made spontaneously and contemporaneously with an event, forming part of the same transaction. | Refers to evidence given by a person who was not directly present at the incident and has only heard about it from someone else. |
Admissibility | Admissible in court as it is considered reliable and made in the heat of the moment. | Generally inadmissible in court due to lack of direct observation and potential for fabrication. |
Source of Information | The person making the statement or performing the action is a direct witness to the event. | The person providing the evidence did not witness the event firsthand and is simply relaying what was heard or told by someone else. |
Reliability | Highly reliable as it is made spontaneously and immediately after the event. | Less reliable as it is second-hand information, and the truth may be diluted with each repetition. |
Role of the Person Giving Evidence | The person giving the evidence must have direct knowledge or observation of the event. | The person giving the evidence has no direct knowledge or observation of the event and is merely recounting what was heard. |
Truthfulness | Statements are presumed to be truthful as they are made during or immediately after the event, without time for reflection. | The truthfulness of the statement is questionable since the original source of information is not present in court to verify the facts. |
Examples | A witness exclaims, “I saw him run away with the stolen purse!” right after a theft. | A person testifies, “I heard from John that he saw the defendant at the scene of the crime.” |
Exceptions | No exceptions are needed as Res Gestae is inherently admissible. | There are specific exceptions to hearsay, such as the doctrine of Res Gestae, which allows certain hearsay statements if they are spontaneous and made during or immediately after an event. |
Purpose | To provide spontaneous and reliable evidence related to the event that is directly relevant to the fact in issue. | To recount what someone else has said, but not to directly prove the facts in issue since the witness is not firsthand involved. |
Potential for Fraud | Less likely to be fraudulent, as the person is directly involved in the event. | High potential for fraud, as the person making the statement may be lying or misrepresenting what was heard. |
Key Takeaways:
- Res Gestae is based on firsthand, immediate, and spontaneous evidence that directly relates to the event in question, making it admissible in court.
- Hearsay Evidence, on the other hand, is based on secondhand information, often lacking reliability and accountability, and is typically inadmissible, with limited exceptions under the law, such as the Res Gestae doctrine.
Key Judgments Relating to the Doctrine of Res Gestae
The doctrine of Res Gestae is intended to allow the admission of spontaneous statements or actions made during or immediately after an event that form part of the same transaction. However, in practice, courts have carefully analyzed whether such statements are truly made in the heat of the moment or whether they are fabricated or recounted at a later time. Several landmark judgments have helped to define and refine the scope of Res Gestae, filtering out statements that do not meet its requirements.
Vasa Chandrasekhar Rao vs. Ponna Satyanarayan and Ors
In this case, the offender had murdered his wife and daughter. The father of the accused testified that he had called the accused after the crime and informed him that his son had killed the victims. The core issue before the court was whether this statement made by the father could be admissible as part of the Res Gestae. The court noted that for a statement to be admissible under this doctrine, it must be made either at the time of the event or immediately following it, forming a direct part of the transaction. In this case, however, the time of the phone call and the context in which it was made were unclear. The court was unable to establish whether the call was made during or immediately after the crime, which would have linked it to the main event. Since the statement was not made contemporaneously with the crime, it was deemed inadmissible under Res Gestae.
Significance: This case illustrates the importance of establishing the exact timing of a statement in relation to the crime. It emphasizes that mere proximity in time does not automatically make a statement admissible under the doctrine of Res Gestae.
Gentela Vijayavardhan Rao and Ors vs. State of Andhra Pradesh
In this case, there was a significant gap between the commission of the crime and the recording of a statement by a magistrate. The court ruled that due to the considerable time interval, the statement could not be treated as part of the spontaneous actions of the event and was therefore inadmissible under the principle of Res Gestae.
Significance: This case underscores the importance of spontaneity in applying the Res Gestae doctrine. A delay between the event and the statement weakens its relevance and connection to the event, leading to its exclusion as part of the same transaction.
Bishna and Ors vs. State of West Bengal
In this case, two witnesses arrived at the crime scene shortly after the incident had occurred and found the body of the deceased, Prankrishna, and an unconscious Nepal. One of the witnesses overheard Prankrishna’s mother crying and narrating the incident, recounting the roles of the accused. However, the court found the testimony of these witnesses inadmissible as it was hearsay. The mother’s statement was not considered a spontaneous statement made in the course of the event, but rather a narration of past events.
Significance: This judgment highlights the distinction between spontaneous statements made during an event and those made later. Res Gestae only applies to statements made in the heat of the moment, not those that are recounted afterward. It reinforces that hearsay evidence, even when made by someone close to the event, is inadmissible under this doctrine.
Ramesh v. State of Maharashtra
The case of Ramesh v. State of Maharashtra is a pivotal decision in understanding the application of the Res Gestae doctrine and Section 6 of the Indian Bharatiya Sakshya Adhiniyam Act. In 2015, following a bomb explosion in Mumbai that resulted in casualties, Ramesh was arrested near the scene. Eyewitnesses testified that, just before the blast, Ramesh exclaimed, “This is madness! Someone call the police!”
The defense argued that this statement was hearsay and should not be admissible as it was not part of the Res Gestae and did not fall under Section 6 of the Indian Bharatiya Sakshya Adhiniyam Act. However, the Supreme Court ruled that Ramesh’s statement was admissible, as it was spontaneous, made immediately before the explosion, and reflected his genuine reaction to the incident. The Court emphasized that such statements, made without reflection and closely connected to the event, qualify as Res Gestae under Section 6, and thus are relevant and admissible.
This landmark ruling reinforced the importance of Res Gestae and Section 6 in ensuring that statements made in the heat of the moment, even by the accused, are admissible as evidence when they are spontaneous and pertinent to the event. It set a crucial precedent for future cases, ensuring the integrity of evidence in criminal trials.
Significance
The Ramesh v. State of Maharashtra case holds significant value in the context of the Indian legal system. It clarified and expanded the scope of Res Gestae under Section 6, emphasizing that even statements made by the accused in the midst of an event can be admissible if they meet the criteria of spontaneity and relevance. This case ensures that justice is not hindered by technicalities such as hearsay, but rather, that relevant, genuine statements that are closely tied to the incident can contribute to the truth-finding process. It further bolstered the principle of allowing reliable evidence, thus reinforcing fairness and accuracy in the legal proceedings.
What is the doctrine of Res Gestae?
Res Gestae is a Latin term meaning “things done.” It refers to the rule in evidence law that allows statements or actions made spontaneously and contemporaneously with an event to be admissible in court, even if they would normally be classified as hearsay. The key idea behind Res Gestae is that such statements or actions are reliable because they are made during or immediately after an event, without the opportunity for fabrication or reflection. These statements help explain the event in issue and are part of the same transaction.
What are the Essential Conditions for Facts Forming Part of Res Gestae or the Same Transaction
For facts to be admissible as part of the same transaction under the doctrine of Res Gestae, several essential conditions must be met. These conditions ensure that the facts, whether actions or statements, are sufficiently connected to the central event and contribute to explaining or describing the key issues in the case. The following are the primary conditions:
- Relevance to the Fact in Issue
The facts must directly relate to and help explain the characteristics of the fact in issue or the surrounding circumstances. In other words, they must offer insight into the core matter being contested in the case. For example, if the fact in issue is whether a person was involved in a robbery, the actions or statements made by that person that describe or clarify the events leading to the crime could form part of the same transaction, provided they are closely related to the key facts.
- Spontaneity and Immediacy of Statements
Statements made by a person must be spontaneous and made in the heat of the moment, rather than being a mere narration of past events. Statements made immediately following the event, without any time for reflection or fabrication, are deemed more reliable and are thus admissible. For instance, if a witness immediately exclaims, “I saw him run out of the house with a bag!” right after witnessing a theft, such a statement would be considered part of the same transaction.
However, a statement made long after the event, such as a witness recounting what they saw months after the incident, would typically be excluded from Res Gestae, as it lacks the immediacy and spontaneity necessary to establish its reliability.
- Statement of Fact, Not Opinion
The statements made under Res Gestae must be statements of fact rather than opinions. A statement about what the speaker directly observed or experienced is admissible, while a statement reflecting personal judgment or interpretation is not. For example, a witness stating, “I saw the defendant holding the victim’s wallet just before the police arrived” is a factual statement, whereas a statement like “I think the defendant must have been guilty” would be inadmissible, as it is an opinion rather than a fact.
- Statements or Actions by Relevant Parties or Witnesses
The statements or actions qualifying as part of the same transaction may be made by a party to the suit or any person who has personally witnessed the event in question. This ensures that only direct participants or eyewitnesses, whose actions or statements are closely connected to the event, can contribute evidence under Res Gestae. For example, if the defendant in a case makes a statement immediately following the incident, such as “I didn’t mean to hurt him,” this could be considered a relevant fact forming part of the same transaction.
- Statements by Bystanders
Statements made by bystanders—individuals who were present at the scene but are not directly involved in the event—can be admissible as part of the same transaction, but only under specific conditions. To be relevant, the bystander must show that they were present at the time, place, and under the circumstances of the event. A bystander who was not at the scene or did not witness the event firsthand cannot provide admissible statements under Res Gestae.
For example, if a person standing nearby a car accident shouts, “I saw the driver run the red light just before the crash!” immediately after the incident, that statement may be admissible as it is spontaneous, relevant, and made by an eyewitness. However, if the same statement is made months later, after the bystander has had time to reflect or alter the facts, it would not be admissible under Res Gestae.
Is hearsay evidence admissible under the doctrine of Res Gestae?
Normally, hearsay evidence is inadmissible in court because it comes from a person who did not directly observe the event in question. However, under Res Gestae, certain hearsay statements may be admissible if they are made spontaneously, are closely related to the event, and are made immediately after the occurrence. The critical factor is that the statement is made in the heat of the moment, without any reflection or fabrication. For example, a victim shouting, “He has a gun!” immediately after an assault could be considered part of the same transaction and admissible under Res Gestae.
What is the role of Res Gestae in criminal cases?
In criminal cases, the doctrine of Res Gestae plays a crucial role in admitting spontaneous statements or actions made by the accused or any other person that help to clarify or describe the circumstances of the crime. Such statements or actions can help establish the truth of the matter by providing direct evidence of what occurred during or immediately after the crime. For example, if a suspect says, “I didn’t mean to do it!” right after committing a crime, that statement could be admissible under Res Gestae to establish intent or the emotional state of the person at the time of the crime.
Can a statement made months after an incident be admitted under Res Gestae?
No, statements made months after an incident are generally not admissible under Res Gestae. For a statement to qualify, it must be made spontaneously and immediately after the event, while the facts are still fresh and untainted by the passage of time. Statements made long after the event may not accurately reflect the truth and could be subject to fabrication or misinterpretation. For example, in Ghulam v. R., the court ruled that a statement made six months after the incident was inadmissible under Res Gestae, as there was ample time for the witness to fabricate the facts.
What is the difference between a statement of fact and a statement of opinion in relation to Res Gestae?
A statement of fact under Res Gestae is one that reflects the actual observations or experiences of the speaker and is directly related to the event in question. For instance, a statement like “I saw the defendant with the stolen purse” is a statement of fact. In contrast, a statement of opinion is an interpretation or judgment that goes beyond the mere recounting of what was observed. For example, “I think the defendant is guilty” is an opinion, not a fact, and would not be admissible under Res Gestae. Only statements that describe what the witness directly saw or heard, without introducing personal judgment, qualify as statements of fact.
What role does Res Gestae play in corroborating other evidence?
Res Gestae plays a significant role in corroborating other evidence by providing spontaneous and contemporaneous statements that can support or verify facts already presented in the case. These statements often help to fill in gaps in the evidence or provide context to the facts in issue. For instance, in a case involving an assault, a witness’s spontaneous exclamation like, “I saw him hit the victim with a stick!” could corroborate physical evidence such as injuries or the weapon found at the scene, thus strengthening the overall case.
Conclusion
The doctrine of Res Gestae, plays a crucial role in the judicial process by ensuring that only statements and actions directly connected to the event in question are admissible in court. It seeks to preserve the integrity of evidence by allowing only those declarations or acts made spontaneously, contemporaneously with the event, and which are integral to understanding the facts in issue. The principles of immediacy, relevance, and the absence of fabrication are fundamental to the admissibility of evidence under Res Gestae.
Through judicial precedents, the courts have continuously refined the application of Res Gestae, emphasizing the need for strict adherence to the doctrine’s requirements. Statements made during or immediately after an event, without time for reflection or fabrication, serve to offer a true and untainted account of the incident. However, statements made after a significant lapse of time or those that are mere narratives of past events are excluded as they fail to meet the core criteria of spontaneity and direct connection to the transaction.
In conclusion, Res Gestae is a critical tool in the legal framework, ensuring that evidence presented in court reflects the reality of the event and is not influenced by external factors or fabricated over time. It safeguards the principles of justice by allowing the court to rely on evidence that is fresh, relevant, and closely linked to the facts at hand.
After Completing my LLB hons, I started writing content about legal concepts and case laws while practicing. I finally started Law Shore in 2024 with an aim to help other students and lawyers.