The Doctrine of Res Gestae: A Critical Analysis

  • Harshika Mehta
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  • Harshika Mehta

    Student at Karnavati University, India

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To decide who is wrong and who is right in any case or suit before the court of law, evidence is required. It can be oral or documentary evidence. According to the rule of best evidence under section 60 of the law of evidence, evidence must be given by a witness who says that he has full and complete knowledge of the fact in issue. The evidence that is not directly related to the fact in issue is not admissible and is prevented under Section 60 of the act. Hearsay evidence is not admissible generally but if admissible are only covered under section 6 of the act. The facts that are not in issue but are relevant as they are the part of the same transaction are covered under section 6 of this act and this is termed as res gestae. The facts which are covered under res gestae must be different from the facts directly related to the issue but should be corroborative and necessary to prove the facts in issue. The facts that are directly connected to the facts in issue are admissible as evidence under the doctrine of res gestae.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 3, Page 339 - 348


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