Theory of ( Res – Gestae)IEA
Theory of ( Res – Gestae)IEA
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Section -6. Relevancy of facts forming part of same transaction. ( Res – Gestae)––
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 times and places.
- A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.
What is said by A or B or public should be spontaneous with incident.
In case of series or trasactions of crime ——-Chains of links are formulated and it was checked whether these chain of links formulating proximate event i.e., crime
- A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and gaols are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them.
- A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself.
- The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.
- How to check Application of section 6-?
- Whether other sections of IEA also applies to section 6?
- Section -7 ( Cause , Occasion and Effect),8 ( Motive) ,9 ( Identity), and 14 ( Intention, Knoledge- Mens rea) should be read.
Case Law- Genthla Vijay Vardhan Raov. State of Andhra Pradesh AIR 1996 SC 2791
The essence of doctrine of ( Res – Gestae) is that Fact though not in issue as to form a part of same transaction become relevant by it self.
This rule is roughly speaking an exception to the general rule that hearsay (sunisunai baat) evidence is not admissible.as Section 60 states that evidence must be direct.
The rationale in making such statement admissible under section 6 of Evidence Act is on account of spontaneity and immediacy or such statements and facts in relation to the fact in issue, but it is necessary that such fact or statements have been made contemporaneous with the acts which constitute the offence.
Case Law – Bishna v. State of West Bengal AIR 2006, SC 302
Witnesses came immediately after incident
- Witness found unconscious near dead body
- Mother of deceased weeping and other eye witness present.
- Eye witness who reach to spot immediately hear about incident from the injured when injured witness recovered conciousness.
- It was held that their statements are relevant under section 6 of Indian Evidence Act.