Understanding the Doctrine of Res Gestae in Indian Evidence Law

2021 0 Supreme(Ori) 24

In order to congregate the contentions raised by the learned counsel for both the parties, we have to discuss the doctrine of res gestae and Section 6 of the Indian Evidence Act, 1872. ... In order to properly appreciate the factual aspect of the case in the light of the principle of law governing the doctrine of res gestae, the exact words appearing in Section 6 of the Indian Evidence Act, 1872 have to be examined, which ....

2024 Supreme(Online)(RAJ) 4613

This Court feels that utterances of words during the course of incident or immediately whereafter falls within the doctrine of res-gestae but any after thought statement would not come under the ambit of doctrine of res-gestae. ... The another aspect which is relevant for the just disposal of the instant bail applications would be that the applicability of doctrine of res-gestae. Res- #....

2025 0 Supreme(P&H) 97

The principle embodied in Section 6 of the Act, is usually referred to as the res gestae doctrine. Section 6 reads as under: 6. ... It was thus held that the statements sought to be admitted, therefore, as forming part of res gestae, must have been made contemporaneously with the acts or immediately thereafter and that the essence of the doctrine is that a fact which, though not in issue, is so connected with the fact....

2024 Supreme(Online)(MP) 6062

Therefore, in such circumstances doctrine of res gestae does not come into play. As far as section 6 of the Evidence Act is concerned same deals with relevancy of facts forming part of same transaction. ... Learned counsel for the applicant referring section 6 of the Indian Evidence Act has submitted by placing reliance on hearsay evidence of Anita Chelani, the doctrine of res gestae should have been applicable on the acc....

Allahabad

But if there was an interval, however slight it may be, which was sufficient enough for fabrication then the statement is not part of res gestae." ... The essence of the doctrine is that a fact which, though not in issue, is so connected with the fact in issue "as to form part of the same transaction" becomes relevant by itself. ... embodied in Section 6 of the Evidence Act held thus: " The principle of law embodied in Section 6 of the Evidence Act i....

The former of these two sections is a statement of the doctrine of res gestae. It is more restrictive, in that it does not include all that .under the English law is covered by that doctrine. ... The determination of the question whether or not a particular fact forms part of the res gestae is often attended with considerable difficulty. Differences of opinion must and do arise. ... Whether a particular fact is or is....

Rajasthan

If such disclosure by the principal accused had been made immediately after seizure at the spot, then a plea can be taken by the State regarding applicability of doctrine of Res Gestae but it is not a case since

2025 Supreme(Online)(Jhk) 2558

In other words, the statement which is a part of res gestae does not narrate a past event, but it is the event itself speaking through a person thus excluding the possibility of any design behind it.” 24. ... The test for applying the rule of res gestae is that the statement should be spontaneous and should form part of the same transaction ruling out any possibility of concoction. In Gentela Vijayavardhan Rao v. ... In other words, the statement forming par....

2024 Supreme(Online)(Chh) 16581

The evidence in the nature of res gestae can also be used as corroboration to the statements of any other evidence whether circumstantial or direct. ... In evidence law, words and statements about the res gestae are usually admissible under a hearsay exception (such as present sense impression or excited utterance).” 14. ... The test for applying the rule of res gestae is that the statement should be spontaneous and should form part of the....

2025 0 Supreme(Ker) 2349

The principle of law embodied in S.6 of the Evidence Act is usually known as the rule of res gestae recognised in English law. ... The crucial question involved in this appeal is whether the said statement is a res gestae under Section 6 or a dying declaration under Section 32 of the Indian Evidence Act. The learned Sessions Judge held that this statement is relevant both as res gestae and as a dying declaration. ... But if there was an int....

2022 0 Supreme(Raj) 832

Though hearsay evidence is not admissible in court of law, but if it is ‘res gestae’, then it may be admissible in court of law provided that it is a reliable piece of evidence. The doctrine of ‘res gestae’ is encapsulated in Section 6 of the Indian Evidence Act.

2022 5 Supreme 583

Thus, it is evident that the essence of the doctrine of res gestae is that a fact which, though not in issue, is so connected with the fact in issue “as to form part of the same transaction” that it becomes relevant by itself. A conduct of the accused after the incident may become admissible under Section 6 of the Evidence Act, though not in issue, if it is so connected with the fact in issue. It was held therein that the statement sought to be admitted, as forming part of re....

2020 0 Supreme(Sikk) 55

50. Dr. Doma T. Bhutia has submitted that Section 6 of the Evidence Act is attracted in the instant case and, accordingly, she has cited decisions in Javed Alam(supra) and Krishna Kr. Malik (supra). Section 6 of the Evidence Act contains the doctrine of res gestae. Such evidence must be almost contemporaneous with the acts and there could not be an interval which would allow fabrication. Section 6 is an exception to the general rule whereunder hearsay evidence becomes admissi....

2018 0 Supreme(Del) 429

Section 5 of the Evidence Act permits evidence, to be given, in any suit or proceedings “of the existence or non-existence of every fact and issue and of such other facts as our hereinafter declared to be relevant, and of no others.” “Res gestae”, literally, means “things done”, and stands statutorily engrafted in Section 6 of the Indian Evidence Act, 1872 (hereinafter referred to as “the Evidence Act”). Dubey sought to press, into service, the doctrine of res gestae. “Res ge....

2017 0 Supreme(Bom) 1990

(9) Dhal Singh Dewangan V. State of Chhattsgrh [2016 [16] S.C.C. 701]. There is clear bar under Section 162 of Cr.P.C. for bringing on record any statement of a witness when non examined through the evidence of Investigating Officer. (8) The arguments of learned counsel Mr. Pradhan for appellant in Criminal Appeal No. 127 of 2002 that as the Investigating Officer has referred the Case Diary, under Section 172 of Cr.P.C., the statement given by the neighbours before him which were unfortunately....