The principle of "res gestae," meaning "things done," is enshrined in Section 6 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023 (formerly Section 6 of the 1872 Act). It allows for the admissibility of statements and acts that form part of the same transaction, even if they would otherwise be considered hearsay. This doctrine recognizes that certain spontaneous statements or actions, occurring contemporaneously with a transaction, carry a high degree of reliability.

Essentially, res gestae encompasses facts that are so connected to the fact in issue as to form part of the same transaction. The key requirement is that the statements or acts must be contemporaneous and spontaneous, without the opportunity for fabrication. The focus is on the proximity of time, place, and purpose.

Key Elements:

• Same Transaction: The statements or acts must be intrinsically linked to the main event.

• Contemporaneity: They should occur at or near the time of the event.

• Spontaneity: The statements must be made without deliberation or premeditation.

Illustrative Case Laws:

• In R v. Foster (1834), the victim's immediate exclamation after being hit by a vehicle was deemed admissible as part of the res gestae. This case highlights the importance of spontaneity.

• Sukhar v. State of Uttar Pradesh (1999), the Supreme Court discussed the test for determining whether a statement forms part of the same transaction. The court emphasized the need for a close nexus between the statement and the event.

• In Uttam Sukhare v. State of Maharashtra (2008), the supreme court gave guidelines to determine if a statement is part of the same transaction, stating that the statement must be at the same time the incident occurred, or immediately after, and that there should not be an opportunity for fabrication.

• The application of res gestae is fact-specific, and courts carefully scrutinize the circumstances to ensure the reliability of the evidence.

The doctrine serves to prevent the exclusion of crucial evidence that sheds light on the truth. However, it's crucial to distinguish between genuine spontaneous utterances and calculated statements made after the event.