Res Gestae under Section 6 of Indian Evidence Act

Section 6 Indian Evidence Act discusses the relevancy of facts that form part of the same transaction. Section 6 is based on the English principle res gestae, which on translation means things said and done in the course of the transaction. Hence res gestae includes act as well as a statement.

Section 6 of the Indian Evidence Act is as follows:
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.KEEP READING

Legitimacy of a Child under Indian Evidence Act

Section 112 of the Indian Evidence Act lays down that:

1. the fact that a child was born during the subsistence of a valid marriage between his mother and a man, or
within 280 days after the dissolution of marriage and the mother remains unmarried,
2. this shall be conclusive proof that it is the legitimate child of that man.

Important: This provision is subject to the exception that the man and woman had no access to each other.KEEP READING

Statement and Confession under Section 164 CrPC

Section 164 of the Criminal Procedure Code deals with the magistrate’s power to record a confession and other statements. The confession so recorded can be used as substantive evidence. In this law note, let us study the statements and confessions under section 164 CrPC.

A confession is a statement in which the suspect acknowledges his guilt of a crime.

A statement is the declaration of matter of fact.KEEP READING

Indian Prime Minister Appointment, Term, Oath, Resignation, Powers and Functions

Being the head of the government, various functions and powers are bestowed upon the Prime Minister. These are:

1. Prime Minister recommends the President regarding the appointment of ministers. The nomination of members of the council of ministers is done by the Prime Minister to the President.

2. The allocation and reshuffling of various portfolios among ministers is done by the Prime Minister. If any portfolio is not allocated to any cabinet member, the Prime Minister may retain it.KEEP READING

Fundamental Duties Explained - Indian Constitution

Fundamental Duties are enshrined under Part IVA, Article 51A of the Indian Constitution. Originally, the Constitution of India had no mention of Fundamental Duties. They were added through the 42nd Constitutional Amendment on the recommendations of the Swaran Singh Committee.

42nd amendment added a new Part IVA, which constituted Article 51A to the Indian Constitution and contained ten Fundamental Duties of the citizen.KEEP READING