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Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Res Gestae under Section 6 of Indian Evidence Act, 1872

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Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 1

In what way did Lord Normand justify the admissibility of Res Gestae evidence in legal proceedings?

Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 1
Lord Normand justified the admissibility of Res Gestae evidence in legal proceedings by emphasizing the close connection between human declarations and actions. This implies that certain statements or acts closely linked to an event can provide valuable insights into the circumstances surrounding a case, thereby justifying their relevance and admissibility in court.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 2

What is the primary role of the test of continuity of actions and community of purpose in legal proceedings?

Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 2
The test of continuity of actions and community of purpose is crucial in legal proceedings as it helps in determining the admissibility of evidence. This test assesses the connection and relevance of certain actions or statements to the main issue at hand. For evidence to be admissible, it must be closely connected to the transaction under consideration. This helps in ensuring that only relevant and significant evidence is presented in court, contributing to the fair and effective administration of justice.
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Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 3

According to the factors discussed regarding the admissibility of evidence under the res gestae doctrine, which aspect emphasizes the credibility and authenticity of a declaration?

Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 3
The spontaneity of a declaration plays a crucial role in determining its credibility and authenticity. When a statement is made spontaneously, it is often viewed as more reliable as it is considered to be a genuine and immediate response to the situation at hand.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 4
In the context of identifying an attacker in a robbery case, why is a witness's immediate identification considered more reliable?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 4
A witness's immediate identification in a robbery case is deemed more reliable because it is often made while the witness is still under the shock or impact of the event. This spontaneous reaction is perceived as being less influenced by external factors or manipulations, thus increasing its reliability in identifying the perpetrator accurately.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 5
In the context of evaluating the admissibility of evidence under the res gestae doctrine, what is a crucial factor that the judge must consider?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 5
When assessing the admissibility of evidence under the res gestae doctrine, a critical factor for the judge to consider is the impact of the circumstances on the immediate thoughts and actions of the victim. This evaluation helps determine if the event was sudden, surprising, or startling enough to elicit an instinctive response from the victim, which can be crucial in understanding the authenticity and relevance of the evidence presented.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 6
What aspect is essential to establish when determining the contemporaneous nature of supplementary evidence related to a main incident?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 6
In establishing the contemporaneous nature of supplementary evidence, it is vital to demonstrate that the declaring party's consciousness was immediately influenced by the main event. This close connection ensures that the supplementary evidence is directly linked to the main incident, enhancing its credibility and relevance in the legal context.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 7
What aspect is crucial to consider when evaluating the credibility and authenticity of a declaration in a legal case?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 7
When assessing the credibility and authenticity of a declaration in a legal case, the spontaneity of the declaration is a critical factor to consider. Declarations made spontaneously are often viewed as more reliable and authentic, as they are less likely to be fabricated or manipulated. This spontaneity can indicate the immediacy and sincerity of the statement, potentially reflecting the true nature of the situation being described.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 8
In legal contexts, what factor contributes to the potential for errors in the identification process?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 8
The real possibility of error is a significant consideration when evaluating identifications in legal cases. Factors such as memory limitations, external influences, and the passage of time between an event and identification can introduce errors into the process. Understanding and acknowledging the potential for errors is essential in ensuring fair and just legal outcomes, as it highlights the complexities and challenges inherent in human perception and memory.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 9
In the context of landmark judgements on the Doctrine of Res Gestae under Section 6 of the Indian Evidence Act, 1872, which scenario rendered the evidence inadmissible due to a significant gap between the crime and the recording of the statement by the magistrate?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 9
In the case of Gentela Vijayavardhan Rao and Ors vs. State of Andhra Pradesh, the evidence was deemed inadmissible due to a significant gap between the crime and the recording of the statement by the magistrate. This gap undermined the immediacy and reliability required by the Doctrine of Res Gestae. It is crucial for evidence to be closely tied to the event in question to ensure its admissibility and relevance.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 10
Why are excited utterances often considered significant in legal proceedings involving children?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 10
Excited utterances are often considered significant in legal proceedings involving children because they can provide valuable insights into the child's emotional state at the time of the event. These statements are viewed as spontaneous and uninhibited expressions that may reveal the child's immediate perceptions or reactions to a situation. While not always completely accurate, excited utterances are given weight in court proceedings due to their spontaneous nature and the belief that they may offer genuine reflections of the child's experiences or feelings during a specific event.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 11
In legal contexts, what does the doctrine of res gestae primarily aim to encompass?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 11
The doctrine of res gestae primarily aims to encompass spontaneous statements that are closely related to a triggering event. These statements are considered as part of the overall circumstances (res gestae) surrounding the event itself. They are valued for their spontaneity and perceived reliability due to their connection to the event in question. This legal doctrine allows certain statements to be admitted as evidence based on their immediate connection to a particular event, such as in cases of domestic violence or physical assault.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 12
In the legal case mentioned, what factor contributed to the admissibility of the child's testimony despite the delayed statement?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 12
The admissibility of the child's testimony, despite the delayed statement, was influenced by the child's emotional state. Children may take time to process traumatic events before speaking up, and their statements are often made when they feel safe to do so. This highlights the importance of considering the emotional well-being of child witnesses in legal proceedings.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 13
What action did the child take when faced with the traumatic event according to the case details?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 13
When faced with the traumatic event, the child called out for his mother for help. This response underscores the natural instinct of children to seek comfort and assistance from familiar figures, especially in distressing or fearful situations. It also emphasizes the significant role of caregivers in providing support and security to children during challenging times.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 14
In what scenario would testimony based on personal observation be admissible in court?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 14
Testimony based on personal observation becomes admissible in court when the statement is relevant to the case at hand and is crucial in determining the truth. This means that firsthand accounts of events or observations that directly pertain to the case and play a significant role in establishing the facts are typically allowed as evidence. By prioritizing firsthand observations, the legal system aims to ensure the accuracy and fairness of judicial proceedings.
Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 15
What characterizes the Res Gestae exception in relation to the hearsay rule?
Detailed Solution for Test: Res Gestae under Section 6 of Indian Evidence Act, 1872 - Question 15
The Res Gestae exception to the hearsay rule permits certain statements to be admitted as evidence when they are made contemporaneously with the event in question. This exception is based on the idea that statements made spontaneously or immediately after an event are more likely to be reliable and trustworthy, as they are closely connected to the circumstances at hand. By allowing such statements, the legal system aims to capture the true essence of the event as it unfolded, enhancing the accuracy and completeness of the evidence presented.
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