Doctrine of Res Gestae: An Analysis

Abstract

In any judicial proceeding, a case may be proved either by oral evidence or by documentary evidence. Oral evidence refers to the statement of the witness, while documentary evidence refers to documents produced for court inspection in support of the claim. The rule of best evidence, as enshrined in section 60 of the Indian Evidence Act, stipulates that evidence must come from a witness with full and complete knowledge of the fact in issue. This section precludes the admission of evidence not directly related to the fact in issue. The act also excludes hearsay evidence, except under section 6, which provides that facts not in issue may be relevant if they are part of the same transaction, referred to as res gestae in English law. This analysis explores how facts connected to the facts in issue, even if not the fact in issue itself, can be admissible under the doctrine of res gestae, which connects facts through a chain of circumstances.