Correct option is D
The correct answer is
(d) Section 6. The rule of
res gestae is encapsulated in
Section 6 of the Indian Evidence Act, 1872. This Section allows certain facts that are so closely connected with the fact in issue that they form part of the same transaction to be admissible as evidence, even if they do not directly prove the issue at hand.
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Explanation:
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Res Gestae (Section 6 I.E.A.): The term
res gestae refers to the events, circumstances, and statements that occur at the same time as or immediately after the main event (fact in issue) and are considered part of the transaction. These can be admitted as evidence because they help to provide context and a fuller understanding of the situation.
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Example: If a person witnesses a crime and exclaims something immediately after seeing it, that exclamation could be admissible under the rule of
res gestae because it is closely related to the event.
Information Booster:
1.
Relevance and Admissibility: Section 6 allows the admissibility of facts that are so interwoven with the main fact that they explain the nature and context of the main fact.
2.
Immediate Reactions: Statements or actions that are spontaneous and occur as part of the same transaction are considered more reliable because they are less likely to be fabricated.
3.
Application in Criminal Cases: This rule is particularly useful in criminal cases, where the timing and context of events can provide crucial evidence.
4.
Comparison with Hearsay: While hearsay is generally inadmissible,
res gestae is an exception to this rule, as the statements are considered part of the event itself.
Additional Information:
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Section 7 (a): Deals with facts that are the occasion, cause, or effect of relevant facts.
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Section 9 (b): Covers facts necessary to explain or introduce relevant facts.
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Section 10 (c): Relates to the admissibility of facts relevant to the common intention of a conspiracy.
