AI Overview...
Sec 6 Evidence Act Hearsay Evidence
-
Hearsay Evidence and Section 6
Section 6 of the Indian Evidence Act, 1872, provides an exception to the general rule that hearsay evidence is inadmissible. It allows certain statements to be admitted if they are part of the res gestae—the spontaneous and immediate conduct or statements made at the time of the incident or immediately thereafter. The purpose is to capture the natural and truthful conduct of witnesses or victims during the occurrence.
References: Krishan Kumar Malik VS State of Haryana - Orissa, Rabindra Sahoo VS State of Orissa - Orissa, Ahraf VS State of Kerala - Kerala, Manas Kumar Behera VS State of Orissa - Orissa -
Res Gestae and Its Scope
The concept of res gestae includes statements made immediately before, during, or after a crime, which are considered reliable because they are spontaneous. It encompasses the immediate area, occurrences, and statements made spontaneously, often deemed trustworthy due to their contemporaneous nature.
References: Krishan Kumar Malik VS State of Haryana - Orissa, Rabindra Sahoo VS State of Orissa - Orissa, Manas Kumar Behera VS State of Orissa - Orissa -
Conditions for Admissibility
To admit hearsay evidence under Section 6, the statement must be made almost contemporaneously with the incident and should be spontaneous, not fabricated. The statement should relate directly to the occurrence and be made in the natural course of events.
References: Kapili Sudam Das VS State of Orissa - Orissa, Krishan Kumar Malik VS State of Haryana - Orissa, Manas Kumar Behera VS State of Orissa - Orissa -
Limitations and Inadmissibility
Statements made after a significant delay, or not in the immediate vicinity of the event, are generally inadmissible as hearsay. Evidence obtained from witnesses who heard statements made outside their presence is also inadmissible.
References: Chain Mahto VS Emperor - Calcutta, Prafulla Das VS State of Orissa - Orissa -
Application in Criminal Cases
The principle is often applied in cases involving crimes such as murder or rape, where spontaneous declarations or conduct of victims or witnesses are relied upon. Courts analyze whether the statement qualifies as part of res gestae to determine admissibility.
References: Krishan Kumar Malik VS State of Haryana - Orissa, Ahraf VS State of Kerala - Kerala, Rabindra Sahoo VS State of Orissa - Orissa -
Judicial Approach and Re-Assessment
Courts are tasked with independently evaluating the credibility and relevance of such statements, especially when used to corroborate other evidence or establish facts. The appellate courts may reappreciate evidence to justify convictions based on res gestae statements.
References: State of Orissa VS Pilatush @ Blasius Singh - Orissa, Krishan Kumar Malik VS State of Haryana - Orissa
Analysis and Conclusion
Section 6 of the Indian Evidence Act recognizes an exception to hearsay rules by allowing res gestae statements, which are spontaneous, immediate, and closely related to the incident. This provision is crucial in criminal trials, especially where direct evidence is lacking, and relies on the natural conduct or declarations made at the scene. However, courts must carefully scrutinize such evidence to ensure it meets the criteria of spontaneity and immediacy, maintaining the balance between probative value and reliability.
References:
- Krishan Kumar Malik VS State of Haryana - Orissa
- State of Orissa VS Pilatush @ Blasius Singh - Orissa
- Kapili Sudam Das VS State of Orissa - Orissa
- Ahraf VS State of Kerala - Kerala
- Rabindra Sahoo VS State of Orissa - Orissa
- ASHRAF AND ANOTHER vs STATE OF KERALA - Kerala
- Manas Kumar Behera VS State of Orissa - Orissa
- KABHAIBHAI @ KALIYO PUNAMBHAI PARMAR VS STATE OF GUJARAT - Gujarat
- Chain Mahto VS Emperor - Calcutta
Search Results for "Sec 6 Evidence Act Hearsay Evidence"
2011 0 Supreme(Ori) 200 • India - Orissa
DALVEER BHANDARI, DEEPAK VERMA
EVIDENCE ACT, 1872 - Sec. 6 - Hearsay evidence - For bringing the hearsay evidence within the ambit of the section, the statements ... EVIDENCE ACT, 1872 - Sec. 6 - Res Gestae witnesses - The purpose of incorporating Section 6 in the Act is to complete the missing ... EVIDENCE - Rape - To hold an accused guilty for commission ....
2016 0 Supreme(Ori) 1046 • India - Orissa
D.P.CHOUDHURY
EVIDENCE ACT, 1872 - Sec. 6 read with Sec. 60 - Hearsay evidence is not admissible unless corroborated by the witness from whom the ... EVIDENCE ACT, 1872 - Sec. 113-A - In order to draw the presumption under the Section the following ingredients have to be fulfilled ... Appellate Court to judge the case independently and come to a conclusion where order of acquittal is justified on re-appreciation of evi....
2017 0 Supreme(Ori) 335 • India - Orissa
S.K.SAHOO
EVIDENCE ACT, 1872 - Sec. 6 - An exception to the general rule whereunder, hearsay evidence becomes admissible - For bringing such ... hearsay evidence within the ambit of Sec. 6, what is required to be established is that it must be almost contemporaneous with the ... the occurrence naming the petitioner as his assailant which is admissible u/s. 6 of the Evidence Act#H....
2015 0 Supreme(Ker) 499 • India - Kerala
K.T.SANKARAN, BHASKARAN PILLAI SUDHEENDRA KUMAR
Indian Evidence Act, 1872 - Section 6 - commission of a crime - Evidence of - Findings of - Held, utterances ... Sec. 6 of the Evidence Act is an exception to the general rule whereunder the hearsay evidence becomes admissible. ... The principle embodied in Section 6 of the Evidence Act is usually known as the principle of res gestae, which is a kind of exceptio....
2015 0 Supreme(Ori) 536 • India - Orissa
S.K.SAHOO
EVIDENCE ACT, 1872 - Sec. 6 - Res gestae - Res gestae of a crime includes the immediate area and all occurrences and statements immediately ... basis that spontaneous statements in the circumstances are reliable - It is an exception to the general rule of admissibility of hearsay ... evidence. ... It is an exception to the general rule of admissibility of hearsay evidence. ... The immediate conduct of the victim in making an attempt to commit suicide....
2015 Supreme(Online)(KER) 27269 • India - High Court of Kerala
K.T.SANKARAN, B.SUDHEENDRA KUMAR, JJ
Finding of the Court: The court concluded that both appellants participated in the crime, but due to the lack of premeditation evidenced ... Ratio Decidendi: The court emphasized that for a conviction under Section 302 IPC, it must be established that the act was ... Sec.6 of the Evidence Act is an exception to the general rule whereunder the hearsay evidence becomes admissible. ... The principle embodied in Section 6 of the #HL_S....
2015 0 Supreme(Ori) 65 • India - Orissa
VINOD PRASAD, S.K.SAHOO
EVIDENCE ACT, 1873 - Sec. 6 - Res gestae of a crime includes the immediate area and all occurrences and statements immediately after ... EVIDENCE ACT, 1873 - Sec. 134 - It is based on the maxim "evidence has to be weighed and not counted" - The Court is concerned with ... In other words, to be relevant under Section 6 of the Evidence Act, such statement must have been made contemporaneously with t....
2014 0 Supreme(Guj) 53 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
Indian Penal Code, 1860 - Sections 302, 307, 326 and 324 - Indian Evidence Act, 1872 - Sections 8 and 27 ... piece of evidence to hold accused guilty for offence of Murder - Conviction set aside - Appeal allowed ... may be treated as a valuable piece of corroborative evidence - Trial Court committed serious error in placing reliance on such weak ... Nanavati submitted that the PW 6 -Ramanbhai Rohitfirst informant, Exh.27, could be termed as a res gestae witness. This principle of res gestae is embodied....
2001 0 Supreme(Ori) 422 • India - Orissa
A.S.NAIDU, PRADIPTA RAY
on dying declaration and also evidence of 3 witnesses before whom it was made — The deceased was treated in hospital for about 5 ... months and after that she died — The dying declaration said to have been made was 5 months prior to her death — The evidence of the ... discussed — Doctor’s evidence shows that some liquid had come out of stomach which was not sent for chemical examination — Prosecution ... State of U.P., 1999 (8) Supreme 568, observed as follows : ... “Section 6 of the Evidence #HL_START....
1906 0 Supreme(Cal) 74 • India - Calcutta
Hearsay - Murder - Indian Evidence Act, 1872, Sections 6, 8 - Statements made by a witness after the occurrence, not in the presence ... of the accused, are inadmissible as hearsay evidence. ... evidence under the Indian Evidence Act, 1872. ... They are hearsay and proved only by those who heard them. They were not made in the presence of the accused. Hearsay evidence is ordinari....
Filter by Legal Phrase
