All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
82.

The doctrine of "Res Gestae' has been discussed in which Section of the Evidence Act?

A: Section 5
B: Section 6
C: Section 10
D: Section 11

The answer is: B

Explanation

The correct option is B: Section 6.

The doctrine of res gestae has been discussed in Section 6 of the Evidence Act, which states that facts that 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 or at different times and places. This means that any fact that is closely related to the main fact in question and forms part of the same event or occurrence can be admitted as evidence, even if it is hearsay or circumstantial. For example, the cry of an injured person, the statement of a dying person, or the gesture of a witness can be considered as res gestae, if they are made spontaneously and immediately after the incident. The doctrine of res gestae is based on the principle that such facts are self-explanatory and reliable, as they are not influenced by any motive or fabrication. The term res gestae is a Latin term that means "things done" or "deeds". It was originally used by the Romans to refer to acts that are done or actus. It was later adopted by the English and American writers to mean facts forming the same transaction.