Doctrine of Res Gestae: a Critical Analysis

Abstract

The Doctrine of Res Gestae is embodied in Section 6 of the Indian Evidence Act,1872 and, the doctrine is an exception to the hearsay clause, however, in a court of law, hearsay testimony is not admissible. It is critical to analyze what constitutes a transaction, where it starts and ends, and it is not a res gestae if the given facts are unable to connect themselves to the prime transaction resulting in inadmissibility. If a comment is made under the burden of excitement, then it is considered admissible in the eyes of the court because it's all part of the same transaction. The ambiguity of Section 6 of the Indian Evidence Act,1872 gives it the power. Section 6 is admissible only if the testimony is established to be part of the same transaction, however, the Court must determine if it is valid or not.