Res Gestae in Malaysia

"Res Gestae" is a Latin phrase which means 'a fact' or 'an event', but the literal meaning is 'the thing done'. This term is used in various senses in the law of evidence but is focused to justify or explain the admission of the use in certain circumstances of words, which might otherwise be inadmissible. The words are said to be admissible when they are accompanying a relevant fact or a fact in issue.

 In order for a declaration to be admitted as res gestae, these elements must be fulfilled;
 1. The words used must explain “or qualify”
 2. The statements must have been made contemporaneously with the act, i.e, made either during or immediately before or after its occurrence, but not at intervals to allow such fabrication

 Section 6 of the Malaysian Evidence Act 1950 is said to have incorporated the common law principles of res gestae. Under this section, in order for a hearsay statement to be admissible as substantive evidence of the truth of the facts stated therein, must be ‘part of the transaction’ and not merely uttered in the course of the transaction. A transaction is a group of facts connected together as to be referable by a single name, as a contract, a crime or any other object of inquiry which may have be in issue. A statement does not amount to be a part of transaction when it amounts to a mere narration of past events. Therefore, a statement concerning a murder, made by a alleged by-stander on the morning following the night on which the murder was committed is irrelevant.