What is res gestae doctrine?

Res Gestae is a Latin word which means “things done.” This is the rule of law of evidence and is an exception to hearsay rule of evidence that hearsay evidence is not admissible. It is a spontaneous declaration made by a person immediately after an event and before the mind has an opportunity to conjure a false story.

Why is the doctrine of res gestae important?

Here is one of the principles of law of evidence is Res Gestae. The reason behind is for the adoption of the doctrine of res gestate under the criminal law as the necessity of proving some relevant facts. It is not possible for the proving of whole incident without the helping of some missing facts.

What do you mean by the term res gestae justify it with case laws?

“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 of at different times and places” The principal of law embodied in S. 6 is usually known as the doctrine of res gestae.

Is res gestae admissible?

In the law of evidence, res gestae denotes both a rule of relevance according to which events forming part of the res gestae are admissible and an exception to the hearsay rule under which statements forming part of the res gestae are admissible.

Is res gestae admissible in court?

By res gestae, exclamations and statements made by either the participants, victims, or spectators to a crime, immediately before, during or immediately after the commission of the crime, when the circumstances are such that the statements constitute nothing but spontaneous reaction or utterance inspired by the …

What is the difference between dying declaration and res gestae?

Res gestae in connection with a homicidal act may be distinguished from dying declaration in that: Dying declarations are made only after the homicidal attack has been committed; but in res gestae, the statement may precede, accompany or be made after the homicidal act was committed.

Who can record dying declaration?

Dying declaration is not mandatorily required to be recorded by any Magistrate or particular person. However, it is normally accepted that such declarations would be recorded by Magistrate or by doctor to eliminate chances of any doubt of false implication.

How do you use res gestae in a sentence?

plural noun ‘ ‘The court held that a statement by a witness who is afraid of appearing through fear would be admissible as a res gestae statement of present state of mind, the common law exception. ‘ ‘After considering certain authorities, I ruled that the statement was admissible as part of the res gestae.

Can a doctor take dying declaration?

It is an evidence under Section 32 of Indian Evidence Act. Dying declaration can be recorded by a magistrate, a doctor, a police officer or even a village head.

Who records dying declaration?

So, under Rule 33 of Criminal Rules of Practice, Judicial Magistrate is empowered to record the Dying Declarations. However, in some parts of the Country, Executive Magistrates are recording the Dying Declarations. 02.

What is meant by the doctrine of Res Gestae?

The principle of law embodied in S.6 is usually known as the doctrine of res gestae. Facts which may be proved, as part of res gestae, must be facts other than those in issue but must be connected with it. Though hearsay evidence is not admissible, when it is res gestae it can be admissible in a court of law and may be reliable evidence.

Is Res Gestae admissible in court?

Facts which may be proved, as part of res gestae, must be facts other than those in issue but must be connected with it. Though hearsay evidence is not admissible, when it is res gestae it can be admissible in a court of law and may be reliable evidence.

What is the difference between res gestae and rules of evidence?

In simple terms, the Court explained that res gestae has essentially been replaced by laws codified in the Rules of Evidence. It then instructed that the Rules of Evidence be used regarding all forms of hearsay evidence – including res gestae.

Is the Res Gestae doctrine an exception to the hearsay rule?

The aim of this paper is to investigate the manner in which the res gestae doctrine has been characterised under Common Law, and to trace its development as an exception to the exclusionary hearsay rule.