From Relevance to Confusion: The Misapplication of Section 6 by Indian Courts the Doctrine of Res Gestae in India
The Doctrine of Res Gestae in India
Abstract
While the common law doctrine of res gestae was introduced as an exception to the rule against hearsay, its inherently ambiguous nature led to interpretative chaos in English jurisprudence in the 19th century. To avoid this confusion, Sir James Fitzjames Stephen drafter Section 6 of the Indian Evidence Act as a rule of relevance, which is distinct from the concept of admissibility. This approach meant that facts that formed part of the same transaction would be considered relevant, irrespective of time or place. However, Indian courts have erroneously interpreted Section 6 as an embodiment of the res gestae exception- treating it as a rule of admissibility, thereby reintroducing the very problems that Stephen intended to eliminate. Through a doctrinal and case law analysis, this paper shows how courts have imposed unwarranted admissibility conditions such as contemporaneity, undermining procedural safeguards like cross-examination, and running into the issue of circular proof. It calls for a return to Stephen’s original framework, that provided a more logically coherent and legally sound understanding of Section 6.
References
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ibid.
ibid.
ibid.
Chapter 4 and 5
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ibid (n 11).
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ibid.
