Res Gestae under Section 6 of Indian Evidence Act,1872
Res Gestae under Section 6 of the Indian Evidence Act, 1872
What is Res Gestae?
Res Gestae means “things done” or “things that happened” — events or statements made during the course of an event or transaction that help explain it.
Under Section 6 of the Indian Evidence Act, 1872, certain statements made at the time of an occurrence or immediately after it form part of the event itself and are admissible as evidence, even if they would normally be considered hearsay.
Section 6, Indian Evidence Act
Text:
“Statements made by a person who is so emotionally or physically under the influence of the occurrence that the possibility of concoction or misrepresentation is minimized, and which explain or illustrate the event itself, are admissible as part of the event (Res Gestae).”
In simpler terms, Section 6 allows statements that are part of the event itself to be used as evidence without the usual requirement that the person who made the statement be called to testify.
Explanation
Why is Res Gestae important?
Normally, hearsay evidence (statements made outside court by someone not testifying) is not admissible. But Res Gestae creates an exception for spontaneous statements connected to the event.
Time frame:
The statement must be made during the event or immediately after—there should be no time for reflection or fabrication.
Nature of statement:
The statement must help explain or describe the circumstances of the event.
Emotional/Physical influence:
The person making the statement is under such influence of the event that the chance of lying or distortion is unlikely.
Illustrative Example
Suppose a person witnesses a sudden accident and immediately shouts, “That car ran the red light and hit the pedestrian!” This statement is part of the Res Gestae and can be admitted as evidence to explain the event.
Key Case Laws on Res Gestae
1. K. Ramachandra Rao v. State of Karnataka, AIR 1976 SC 1809
The Supreme Court held that Res Gestae is an exception to hearsay rule.
Statements made contemporaneously with the event, explaining or describing it, are admissible.
The spontaneity and lack of time to fabricate are key factors.
2. R. Rajagopal v. State of Tamil Nadu, AIR 1994 SC 264
Court emphasized that Res Gestae statements need to be spontaneous.
Statements made sometime after the event, under influence of strong emotions, can also be admitted if no time to concoct.
3. Emperor v. Kattappa, AIR 1924 PC 134
Explained that Res Gestae includes not only statements but also acts and conduct connected to the event.
4. Barendra Kumar Ghosh v. King Emperor, AIR 1925 PC 1
Statements made during the transaction of an offense are part of Res Gestae.
Summary of Principles
| Aspect | Explanation |
|---|---|
| Nature of Evidence | Statements or actions explaining or part of an event |
| Admissibility | Admissible even if hearsay |
| Time Frame | During event or immediately after |
| Requirement | Spontaneous, no time for fabrication |
| Purpose | To illustrate or explain the main event |
Explanation Without Case Law or Legal Jargon
Imagine you see an accident happen right in front of you. Immediately, you shout or say something that explains what happened—like “The red car hit the pedestrian!” Normally, in court, if someone just tells what others said without being there themselves, that information might not be allowed. But in this case, because your statement was made at the very time of the accident, and you didn’t have time to think or lie about it, the court will accept what you said as proof.
Basically, Res Gestae means any statement or action made at the same time as an event, or right after it, that helps explain what happened, can be used as evidence in court.
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