Evidence is generally divided into three categories

i. Oral or Personal;
S.3
ii. Documentary, and;
iii. Material or Real.
What is not Evidence:
i. A confession or the statement of one accused u/s 342 CrPC;
ii. Demeanour of witnesses u/s 361 CrPC, O.18 R.12 CPC;
iii. Local investigation or inspection ( O.26 R.9; O.18 R.18 CPC, S.293, 539 B Crpc);
iv. Facts judicially noticeable without proof (S. 56, 57);
v. Material Object (S. 60)
Types of Evidence
1. Primary and Secondary:
 Primary Evidence Original
 May be oral or documentary. Documents ( S. 62)
 Secondary Evidence;
Evidence of copy ( S.63, 65)

 Oral evidence must be direct (S. 60).

 Hearsay evidence is not admissible.
(exception u/s 32, 33).

2. Real and personal

3. Oral and documentary
4. Direct and indirect (hearsay)
5. Direct and circumstantial

 Section 6: Relevancy of fact forming part of same transaction.

Facts which though not in issue are so connected with the facts in issue so as to form a part of
the same transaction, are relevant, whether they occurred at the same time and place or at
different times and places.

Essentials of Doctrine of Res Gestae-

 The statement made should not be an opinion and must be a statement.

 The statement should be made by the participant of the transaction.
 The statement should be have enough information to explain or brief about the
incident.
  The statement made by the person or act of the person should be spontaneous and
simultaneous to the main transaction.

For example

 If a person is dying of poison and before dying, he tells the name of the accused. Even
Gesture made by the victim while dying may also qualify as res gestae vide “Queen
v. Abdullah”.
 Res Gestae= things done
 Invokes the principle of res gestae in a catena of the cases SC has re iterated that S.6
refers to the common law principle of res gestae.
 The word res gestae is not reflected anywhere in the Indian evidence act.
 Res gestae which is a noun which means things done. A broad definition of the word res
gestae can be given under:

“Res gestae is the matter incidental to the main fact

and explanatory of it including acts and words which are so closely connected there with to
form a part of its transaction itself are contemporaneous with the main fact and serve to
illustrate its character. There is distinction to made b/w the bare fact in issue and the issue of
circumstance of the fact which surround them. These surrounding circumstance are called res
gestae if they are contemporaneous with the main fact”

-Phipson

“Res Judicata should be so connect with the main fact

of the issue as to form one transaction and they are the part of the act itself.”

- Shamberlayne

Transaction

“Transaction is the group of facts so connected

together as to be refer to by a single legal name. (For eg crime etc.) roughly a transition may
be describe as a physical act or a series of connected physical act together with the words
accompanying such act or acts.”
 -Phipson

G. Vijay verdhan Rao Vs. State of AP 1996 SC, the principle of law embodied in S.6 IEA
is usually known as the rule of Res Gestae which is recognised in English law. The sense of
the Doctrine is that a fact which though is not an issue is so connected with the fact in issue
as to form part of the same transaction becomes relevant by itself. This rule is roughly
speaking an exception to the general rule that hearsay evidence is not admissible the rational
of the Res gestae is pointnity and immediacy of such statement or fact in relation to the fact
in issue. But if there is an interval however slight it may be which is sufficient enough for
fabricating then the statement is not the part of res gestae. The concept of res gestae is
undergone as the change on one end we have;

R vs. Bedingfield 1879, where the fact that the deceased had made a statement in the
other room and not made the statement while her throat has been cut it was held that such a
statement cannot be taken as Res gestae. However, a much more diluted view was taken in;

R vs. Foster 1834, where a person who did not see an accident happen with his own
eye, but saw a car gipping pass him and saw an injured person lying on the road the injured
person was in pain and stated that the car has caused the accident it was held that though the
witness has not seen the accident per se however there was no time and opportunity for
fabricating an evidence as the statement of the injured person was to spontaneous living no
room for doubt for any fabrication. Hence it was accepted as Res gestae.

Ratten vs. R, in this case a woman had called up the police and ask to get me the
police please and the phone got disconnected later on the husband of that woman claimed that
she had died due to an accident with their gun. The fact she had called up the police was
taken as the part of the transaction where the spontaneity and the immediacy was beyond
question and hence it was given the benefit of being the part of Res gestae.

Krishna Kumar Malik vs. State of Haryana (2011), Doctrine of Res Gestae is an
exception to the rule of hearsay evidence. The statement must be made contemporaneously
with the act or immediately thereafter.

 Section 8: Motive, Preparation and Previous or Subsequent Conduct.

Motive:
  The general meaning of ‘Motive’ is Purpose.
 Internal motivation that tempts a man to do a particular act;
 There can be no act without a motive;

Preparation:

 Act of arranging for the means and methods required for the commission of the crime.

Conduct:

 External behaviour of the person;

 It does not include statements,

 Section 9: Facts necessary to explain or introduce relevant facts (Identification Parade)

 Fact necessary
o To explain;
o Introduce a fact in issue;
o Relevant fact;
o Relevant fact which support or rebut an inference suggested by a fact in issue;
o Relevant fact which establish the identity of anything or person whose
identity is relevant;
o To fix time and place;

Identification parade of person

 Purpose is to test the memory and veracity of a witness, who claims to identify an
accused person, who is said to have participated in a crime.
 It is used to corroborate the substantive evidence given by the witnesses in court,
regarding identification of the accused.
 Section 10: Things said or done by conspirator in reference to common design-
(Conspiracy)
 If there is sufficient ground to believe
o That two or more persons have conspired to commit offence,
o Or an actionable wrong, so,
o Anything done, written or said by anyone of them, in common intention
 Essentials:

 There should be reasonable ground to establish a conspiracy,

 There should be at least two or more persons,
 There should be a common intention,

 Conspiracy means few people come together to do an act with common intention.
 Criminal conspiracy is the act of at least two or more person to do an act which is not
authorised by the law.
 It is partnership in crime.
 Relevant provision S.120A IPC.


 Section-11: When facts not otherwise relevant become relevant- (Plea of Alibi)

 Alibi means “elsewhere”

 Rule of Evidence


 When facts not otherwise relevant become relevant-

o If they are inconsistent with any fact in issue or relevant fact;
o If by themselves or in connection with other facts they make existence or non-
existence with other fact in issue or relevant fact highly probable or improbable.

Essentials-

 There must be offence punishable by law.

 The defence must be satisfactory and beyond reasonable doubt.
 The defence must be backed by the evidence.

 Section-13: Facts relevant when right or custom is in question-

 Where the question is as to the existence of any right or custom, the following facts are
relevant-

a) Any transaction by which the right or custom in question was

 created,
 claimed,
 modified,
 recognised,
 asserted or denied, or
 which was inconsistent with its existence;

b) Particular instances, in which the right or custom was

 claimed,
 recognised or exercised, or
 in which exercise was disputed, asserted or departed from.

 Right:-
o An interest recognised and protected
o If protected by administration of justice it is called legal right
o S. 13 concerned with legal right only
o
 Custom:-
o Usage or traditionally followed long practice by the members of a
society;
o A custom is a particular rule, which has existed from time immemorial
and has obtained the force of law, in a particular locality;
o

 Section-14: Facts showing existence of state of mind, or of body, or bodily feeling-

 Facts showing the existence of any state of mind such as:

o Intention
 Any particular person, or;
o Knowledge
 Showing the existence of
o Good faith, towards any state of mind or body
o Negligence, or bodily felling;
o Rashness,
 o Ill-will or good will

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