• Research/Scholar Paper name – A Comparative Study of The Doctrine of Res Gestae in Common and Civil Law Jurisdictions
  • Author: Pranaya Sahay
  • Institution: Jindal Global Law School
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 22/07/2021

Abstract:

In this paper, the author introduces the Doctrine of Res-Gestate which finds its mention in Section 6 of the Indian Evidence Act, 1872 and lays down the test which defines a transaction as a ‘Res Gestate’ event. The paper delves into different jurisdictions which employ this principle and thus, there is also a study of Evidence law in the UK, Nigeria and the USA apart from touching upon the Indian Law on Evidence. The paper attempts to bring out the similarities and differences as to how the courts of these countries recognize this principle and lastly, there is also mention of the criticism which is attributed to the doctrine. The paper concludes by discussing the need to eliminate the doctrine of Res – Gestae, the way it has been partially done in the State of Oklahoma (USA).

A Comparative Study of The Doctrine of Res Gestae in Common and Civil Law Jurisdictions

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