When it comes to understanding legal cases, firstly it is important to understand how facts are connected with each other.This helps us to properly understand what information is relevant and what is not relevant to the case. Section 4 of the Bharatiya Sakshya Adhiniyam,2023 (BSA) explains how facts that are not directly related to the fact in issue or relevant fact ,can still be important if they are part of the same transaction.Under this,question of relevancy is a question of Law which has to be decided by the judge and it can be raised at any stage of the proceedings.(Earlier this section was under Section 6 of Indian Evidence Act,1872.)
What is Res Gestae
Section 4 of Bharatiya Sakshya Adhiniyam,2023 is also called as Doctrine of Res Gestae.Originally, Res Gestae was used by Romans, which means acts are done or actus.Res Gestae is a latin phrase which means things said and done in course of same transaction.Its literal meaning is ‘Same Transaction’.Res Gestae includes everything like circumstances, facts or transactions which are in continuity and connected fairly with the main event.It is applicable to both civil and criminal cases.
Key components of Res Gestae
1.Transaction: A series of events or actions connected to the fact in issue or relevant fact, forming a cohesive whole.The term Res Gestae is equivalent to :-
- things done in the course of a transaction,
- Fact in issue and surrounding circumstances and
- acts talking for themselves.
2.Continuity: Events can happen at the same time and place or at different times and places.There should be automatic and spontaneous connection between facts under question and fact in issue.Under this,psychological acts are also included.
3.Connection: Facts must be fairly connected to the main event to come under this section.
Exception To Hearsay Evidence
Doctrine of Res gestae is an exception to principle of Hearsay evidence,which means that the actual happening of the incident has not been seen but it has been heard from others.As a general rule evidence must be direct and hearsay evidence is not admissible in the court.But under certain cases,however if such evidence forms the part of same transaction so as to qualify as Res Gestae,then the evidence may be given.There should not be an interval which will allow fabrication.
Example of Connected Facts
Few examples are as under :-
(a) Trial of Murder
Murder of B by beating by A.Things happened during the beating of B, or shortly before or after, are important and crucial factors .This also includes what A, B, or bystanders said or did.
(b) Waging War Against the Government
Accusation upon A for participating in an armed insurrection,resulting in property destruction, troop attacks, and jailbreaks. Even if A wasn’t present in all these incidents, they are still important as part of the larger part of the transaction.
(c) Case of Libel
B is sued by A for a libelous letter written by him. Letters transacted between A and B related to the subject, even if they don’t contain the libel itself, plays a very important part of the case.
(d) Delivery of Goods Dispute
The question by A regarding the goods ordered from B ,relating to its delivery. Each delivery to intermediate persons is an important factor for the case.
Why is This Important?
It helps in understanding how facts connect to ensure that all relevant information is considered in a legal case. This leads to a more proper ,clear and comprehensive understanding of the situation and a fairer outcome.
Section 4 of the Bharatiya Sakshya Adhiniyam,2023 ( BSA) shows the importance of considering all facts connected to a transaction, even if they’re not directly related to the fact in issue and relevant fact. By understanding these connections and factors, we can gain a deeper understanding of the situation and make more informed decisions.
Source
