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Critical Analysis and Relevancy of Res Gestae

Aarya Jha*

Published on August 22, 2021 | Manuscript Number: 2021/LNLR/22001 | Page Numbers: 1-13

Abstract: This paper has critically analyses res gestae as a relevant fact under the Indian Evidence Act, 1872. The parameters for a fact to fall under res gestae include spontaneity, continuity, etc. These parameters make the principle not devoid of defects. It is difficult to construe the time frame to be taken into account in order to conclude that a statement was spontaneous. Additionally, many psychologists believe that even in fraction of seconds, human mind consciously takes decisions. In such a scenario, spontaneous reaction as the reason for no fabrication of statement is hard to believe. Also, one of the pertinent problems that needs to be addressed here is that there is a uniform system for both men and women. However, scientific analysis points out that female usually take a longer duration to respond than male. In cases, where women have been raped or sexually exploited or have been victims of battered women syndrome, they are deeply traumatized to the extent that they cannot respond or react for few days. This leads us to question the uniform application of the principle of res gestae on both men and women. This paper highlights the need of the hour to have special provisions for women especially a woman who has been a victim of sexual exploitation, rape or battered women syndrome.

Keywords: Evidence, Res Gestae.

*National Law University, Odisha

Cite as: Aarya Jha, Critical Analysis and Relevancy of Res Gestae (2021) 1(2) LKO. L. REV. 1

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