Res Gestae In Indian Evidence Law: A Comparative And Contemporary Analysis Under The Bharatiya Sakshya Adhiniyam, 2023 And The Indian Evidence Act, 1872
- IJLLR Journal
- 1 hour ago
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Aleena Henry, Bharata Mata School of Studies, Aluva
ABSTRACT
The doctrine of Res Gestae, rooted in common law traditions, has long served as a vital exception to the hearsay rule by admitting spontaneous statements intrinsically linked to the fact in issue. With the enactment of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaces the colonial-era Indian Evidence Act, 1872 (IEA), India’s evidentiary framework undergoes a transformative modernisation while preserving foundational principles like Res Gestae. This paper conducts a comparative analysis of Section 4 of the BSA and Section 6 of the IEA, examining their treatment of Res Gestae through judicial precedents, doctrinal evolution, and contemporary applications, especially in digital evidence contexts. The study evaluates how statutory codification enhances clarity and consistency, referencing recent Supreme Court pronouncements, technological advancements, and scholarly critiques. It concludes that the BSA not only reaffirms but refines the doctrine for 21st-century justice delivery.
Keywords: Res Gestae, Hearsay, Bharatiya Sakshya Adhiniyam, Indian Evidence Act, Section 4 BSA, Section 6 IEA, Spontaneous Statements, Transaction, Relevance, Digital Evidence
