'A' is accused of the murder of 'B' by beating him. Discuss the rule of relevancy of fact of the statement said or done by 'A' or, 'B' or the bystanders at the beating, or so shortly before or after it.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
'A' is accused of the murder of 'B' by beating him. Discuss the rule of relevancy of fact of the statement said or done by 'A' or, 'B' or the bystanders at the beating, or so shortly before or after it.

Answer & Explanation:

Section 6 of Indian Evidence Act, 1872 embodies the rule of admission of evidence relating to what is commonly known as Res gestae . Acts or declarations accompanying the transaction or the facts in issue are treated as part of the Res gestae and admitted as evidence. The obvious ground for admission of such evidence is the spontaneity and immediacy of the act or declaration in question. They are the acts talking for themselves. These facts become relevant due to their association with main transaction which itself is a relevant fact in the nature of fact in issue. Circumstantial facts are admitted as forming a part of Res gestae i.e. it being a part of original proof of what has taken place. Therefore, whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.

Topics: Indian Evidence Act

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