Evidence Act

NEUROSCIENCE V. RES GESTAE: CAN THE COURTS RELY ON THE UNRELIABLE MIND?

22 May 2025 / Evidence Act, Blog, Featured Posts / Tatva Damania and Shrushti Taori

Introduction Res Gestae, a latin term meaning “things done” is legally implied u/s 4 of the Bhartiya Sakshya Adhiniyam, 2023 (“BSA”). From Gentela Vijayavardhan Rao to Sukhar , the Indian judiciary had laid down the principles of res gestae. Judicial interpretations and scholarly opinions have distilled four key tests for determining whether facts form part

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Mandating Certificates for Admissibility of Electronic Evidence under Section 65B of The Evidence Act

4 September 2020 / Evidence Act, Blog, Featured Posts / Avesh Chaudhary

In this article, the author has evaluated the provisions regarding the admissibility of electronic evidence under Section 65B of the Indian Evidence Act, 1872. The author analyses the recent Supreme Court judgment of Arjun Khotkar v. Kailash Gorantyal which held that a certificate is ‘mandatory’ for admission of electronic evidence.

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