Correct option is D
The doctrine of res gestae, as provided under Section 6 of the Indian Evidence Act, 1872, applies to both civil and criminal proceedings. This doctrine allows certain statements and facts that are part of the same transaction as the relevant event to be admissible in court, even if they would otherwise be considered hearsay.
Information Booster:
Res gestae, a Latin term meaning "things done," refers to events, circumstances, or declarations that are so closely connected to the main event (the fact in issue) that they form part of a single transaction. Under
Section 6 of the Indian Evidence Act, facts that are part of the same transaction as the fact in issue are admissible as evidence.
Key Elements of Res Gestae:
1.
Continuity of Events: The events or statements must occur as part of the same continuous transaction as the event in question. This helps the court gain a complete understanding of the situation.
2.
Spontaneity and Relevance: The statements or acts must be spontaneous and directly linked to the event. They cannot be the result of reflection or manipulation.
3.
Applicability to Civil and Criminal Cases: The doctrine of
res gestae is applicable in both civil and criminal cases, as it helps courts understand the complete context of an event. For example, in criminal cases, a spontaneous exclamation by a victim during or immediately after an assault could be admitted as part of the same transaction. Similarly, in civil cases, facts that occurred as part of a contractual dispute or accident can also be admitted under res gestae.
Additional Knowledge:
1.
Civil Proceedings (Option a): In civil cases,
res gestae can be applied to include statements or actions that occurred as part of the same transaction involving issues like contracts or torts. However, this option alone is incorrect because
res gestae is not limited to civil proceedings.
2.
Criminal Proceedings (Option b): In criminal proceedings,
res gestae is particularly important for admitting statements made during the commission of a crime, such as a victim's cry for help during an attack. But this option alone is also incomplete, as
res gestae applies to both civil and criminal cases.
3.
Administrative Tribunals (Option c): Administrative tribunals operate under different rules of procedure and may not strictly adhere to the Indian Evidence Act, 1872. Therefore,
res gestae does not specifically apply to tribunals, making Option (c) incorrect.
