Is Res Gestae Exception an Absolute Exclusion to Hearsay?
evidence bar_exam intermediate discussionI'm totally confused on this topic - is res gestae exception really a blanket exclusion to the hearsay rule? I know it's based on the idea that statements made during the excitement or passion of the moment are unlikely to be fabricated, but does that make it an absolute exception? What about cases like M P Lakshmanan vs P Mohan and others (2011) 2 SCC 438? Don't they show that res gestae statements can still be considered hearsay in certain situations? How do you guys differentiate between situations where res gestae is an exception and where it's not?
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Bhai, I think you're over-simplifying the issue. Res Gestae Exception is a part of Section 6 of Evidence Act, 1872, but it's not an absolute exclusion to hearsay. It's a rule of necessity where an out-of-court statement made at the time of an event can be admitted as evidence. But here, it's not an absolute bar. We can still use hearsay evidence under other exceptions. We need to look at each case on its merit.