Doctrine of Res Gestae | Criminal Law - CLAT PG PDF Download

Evolution of Res Gestae

• Originally, the Romans used Res gestae to refer to acts that are done or actus. English and American writers described it as facts that form part of the same transaction.
• Res gestae refers to facts that automatically or naturally form part of the same transaction. These are acts that speak for themselves and are relevant due to their association with the main transaction.
• Circumstantial facts are considered part of res gestae, as they are original evidence of what happened. Statements can also accompany physical events, such as gestures. Things said or acts done during the course of a transaction amount to res gestae.

Scope and Ambit of Section 6 of the Indian Evidence Act, 1872

• Facts that are so linked to a fact in question that they form part of the same transaction, even if not in question, are relevant, regardless of whether they occurred at different times and places.
• The principle embodied in Section 6 is known as the res gestae doctrine. Facts proved as part of res gestae must be linked to the facts in question, even if they are not the same.
• Although hearsay evidence is generally not admissible, it may be accepted in court when it pertains to res gestae due to its reliability. This is because such statements are spontaneous and immediate, leaving little time for concoction. These statements must occur concurrently with the acts constituting the offense or very shortly thereafter.
• Res gestae includes facts that are part of the same transaction. It is important to define what a transaction is, when it begins, and when it ends. If a fact does not connect to the main transaction, it is not part of res gestae and is therefore inadmissible.
• Res gestae encompasses elements that fall outside the modern definition of hearsay, such as circumstantial evidence of a state of mind, verbal acts, verbal components of acts, and certain non-verbal behavior.

Excited Utterances and Res Gestae

• Excited utterances are considered part of the action and are admissible despite the rule of hearsay because they are closely connected in time to the event and the excitement arises from the event.
• Res gestae also includes hearsay exceptions such as present-sense impressions, excited utterances, direct evidence of a state of mind, and statements made to doctors.

Illustrations of Res Gestae

• An injured person’s cry for help.
• A witness’s exclamation upon witnessing a murder.
• The sound of a gunshot.
• A person being attacked screaming for assistance.
• Gestures made by a dying person.

Understanding Transactions in Legal Contexts

Definition of Transaction

• A transaction refers to a crime, contract, error, or any subject of inquiry identified by a single name. It encompasses the immediate cause and effect of an act or event, along with the necessary antecedents of its occurrence within a reasonable timeframe, distance, and cause-effect relationship.

Working Test for Deciding a Transaction

• Unity or Proximity of Place: Consider whether the events occurred in the same or nearby locations.
• Proximity of Time: Evaluate the closeness of time between the events.
• Continuity of Actions: Examine whether the actions are continuous or part of a sequence.
• Community of Purpose: Assess if the actions share a common purpose.
• The key tests are continuity of action and community of purpose. Statements made at the scene of occurrence are admissible if they meet the criteria of time proximity, police station proximity, continuity of action, and community of purpose.
• A transaction can be a single incident lasting a few moments or span various acts and statements. These incidents help explain or qualify the fact in question, even if they don't strictly constitute a fact.
• Facts are relevant when connected by time proximity, unity of location proximity, continuity of action, and community of purpose or design.

Relevance of Evidence

• Evidence related to the main subject matter is relevant when part of the same transaction. Two separate offenses may be so closely linked that proving one involves proving the other. In such cases, one cannot be excluded from prosecution because it proves the other.
• Proof of other offenses by the accused is relevant and admissible if a connection exists between the charged offense and the other offenses, or if the two acts are part of the same transaction under Section 6. An offense that is completely separate and disconnected is not admissible simply because it occurred around the same time as the trial offense (res gestae).

Relevance of Facts

• Facts that are the occasion, cause, or effect of relevant facts or facts in question, or that constitute the state of affairs under which they occurred, or that provided an opportunity for their occurrence or transaction, are considered relevant. Facts that are part of the same transaction are admissible as mentioned in the previous section.
• Evidence related to collateral facts is admissible when such facts occur, when a reasonable presumption regarding the disputed matter has been established, and when the evidence is reasonably conclusive.
• The section allows the admission of various classes of facts related to the transaction under inquiry, including:
• As being the occasion or cause of a fact,
• As giving an opportunity for its occurrence,
• As being its effect, and
• As constituting the state of things under which it happened.

Test for Admission of Evidence under Res Gestae

• The judge must assess the circumstances surrounding the statement to ensure it was a spontaneous reaction to an unusual event, leaving no room for reflection.
• The statement should be closely linked to the triggering event, indicating that the declarant's mind was still influenced by it for it to be considered spontaneous.
• If the only concern is the ordinary fallibility of human memory, it pertains to the weight of the statement, not its admissibility, which is for the jury to decide.
• The admissibility of a bystander's or victim's statement identifying an attacker hinges on its spontaneity, relevance, potential for error, opportunity for concoction, and the jury's perspective.
• The test is grounded in the Bedingfield case's contemporary approach, contrasting with the Foster case's flexible approach.
• In Ratten's case, Lord Wilberforce emphasized spontaneity over contemporaneity, allowing hearsay evidence if the statement was made under conditions excluding the possibility of distortion or concoction.

Principle of Admissibility of Declarations Accompanying Acts

• Statements (oral or written) must pertain to the act in question and not be admissible merely because they accompany an act. The statement should explain the fact it accompanies, not unrelated facts unless they are part of a continuous transaction.
• Statements should be made substantially at the same time as the fact and not just recount past events.
• Statements and acts can be made by the same person or different individuals, such as victims, assailants, or bystanders. In conspiracy cases, statements from all individuals involved in the common objective are admissible.
• Declarations are not proof of the truth of the stated matters, but can be used to explain, corroborate, or understand the meaning of the act.

Cases

• Vasa Chandrasekhar Rao vs Ponna Satyanarayana: The deposition of the deceased's father regarding a phone call from the accused's father was deemed inadmissible under Section 6 and Res Gestae.
• Gentela Vijayavardhan Rao And Anr vs State of Andhra Pradesh: A statement recorded by a magistrate was found inadmissible under res gestae due to a significant interval between the act and the recording.
• Bishna vs State of West Bengal: Witnesses found unconscious after an incident provided testimony about the roles of the appellants, which was deemed admissible under Section 6 of the Evidence Act.

Expansion of the Doctrine of Res Gestae

• The doctrine of Res Gestae has evolved in courts to encompass cases such as domestic violence and child witnesses. These situations often involve surprising events and excited utterances, where only victims can identify the alleged perpetrators. 
• Testimonies from victims in cases of rape and domestic violence, which typically occur in isolation without eyewitnesses, are crucial and should be admitted as evidence.

Conclusion

• Evidence is included under res gestae when it cannot fit into any other section of the Indian Evidence Act. Lawmakers aimed to prevent injustice in cases where lack of evidence leads to dismissal.
• If a statement under Section 6 is deemed inadmissible, it may still be considered valid as corroborative evidence under Section 157.
• Indian courts have emphasized the “continuity of transaction” test to prevent the unlimited extension of the doctrine.
• Statements made after a long gap, not directly responding to the event, are generally inadmissible under Section 6.
• However, courts may accept statements made after a significant delay if there is sufficient evidence that the victim was still under the stress of excitement, making the remarks a reaction to the occurrence.
• The strength of Section 6 lies in its vagueness, as it does not differentiate between cases based on the term “transaction.”
• Each criminal case should be evaluated on its own merits. Evidence is admissible under Section 6 if proven to be part of the same transaction, but its reliability is subject to the judge's discretion.