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Res gestae

Maxim
Evidence
Literal meaningThings done (facts forming part of the same transaction)
Pronunciationrayz JES-tye

Facts so closely linked with the main fact that they form part of the same transaction. They are relevant even though they are not the main fact.

Example

A shout of 'he stabbed me' made by the victim just as the attack was happening can be evidence of what took place.

Case laws
  • Ratten v. R. (1971), Privy Council: a telephone call made by a woman just before she was shot was admitted, because it was so closely linked in time to the event.
Statutory link

Section 6 of the Indian Evidence Act, 1872 (now in the Bharatiya Sakshya Adhiniyam): facts forming part of the same transaction are relevant, whether they happened at the same time and place or at different times and places.

Exceptions / limits

The statement must be made at the time or so soon after the event that there is no chance of invention.

Exam tip

Asked as Section 6 of the Evidence Act.

Memory trick

Same event, same story.

Key takeaway

Facts forming part of the same transaction are relevant.

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