Principle of Spontaneity And Res Gestae - The Nexus

  • Dr. Ramakrishna Das PR
Keywords: spontaneity, proximity, course of transactions, immediately before and after

Abstract

The rule of “res gestae” in common law has perplexed academics, students, and practitioners alike. The equivalent clause in the Bharatiya Sakshya Adhiniyam, 2023, has also caused some misunderstanding. Judges in India have often used the word “res gestae” to interpret section 4. The rationale of this research is to determine whether the rule of “res gestae” in common law is parimateria to the clause in the Bharatiya Sakshya Adhiniyam, 2023. The study has been essentially split into two sections. The first part examines the rule of “res gestae” and its evolution in common law, focusing on three key instances. The second portion of the study dives into the extent of Section 6 of the IEA or Section 4 of the BSA, analyzing the provision in light of numerous relevant decisions. 

Author Biography

Dr. Ramakrishna Das PR

Assistant Professor, Faculty of Law, University of Delhi, New Delhi, India

References

1. Morgan EM “Res Gestae” [1937] 12 Wash. L. Rev. & St. B. J. 91
2. Bosworth B, Augustus, the “res gestae” and Hellenistic Theories of Apotheosis (The Journal of Roman Studies 89 1999)
3. Blair C, “Let’s Say Good-Bye to Res Gestae” [1997] 33 Tulsa L.J. 349
4. Maria Patricia DV. Santos & Enrico C. Caldona, 'Beyond the Record: The Admissibility of Dying Declarations and the First Kind of “res gestae” Made through Electronic Means' (2023) 96 Phil LJ 475
5. Bohlen FH, “The Admissibility of Declarations as Part of the Res Gesta,” vols 51–51
6. James B. Thayer, Bedingfield's Case - Declarations as a Part of the Res Gesta - Part I, 14 Am. L. Rev. 817, 838 (1880)”.
7. “David Wilde, Hearsay in Criminal Cases: “res gestae” and Dying Declarations: R v. Bedingfield Revisited, 4 Int'l J. Evidence & Proof 107, 118 (2000)”.
Published
2024-10-09
How to Cite
Dr. Ramakrishna Das PR. (2024). Principle of Spontaneity And Res Gestae - The Nexus. Revista Electronica De Veterinaria, 25(1S), 1347-1351. https://doi.org/10.69980/redvet.v25i1S.1167