Meaning of latin terms
vaibhav jain
(Querist) 20 September 2012
This query is : Resolved
could somebody tell me the meaning of-:
1.DE-Recenti
2. ex captio res judicata
i will be obliged
Guest
(Expert) 21 September 2012
The term "De Recenti" indicates about any statement which is made after the occurence of an event.
"Res judicata" denotes an already decided case or suit. So, "ex captio res judicata" is a case or suit which has already been decided, but appears to change from inactive to active status.
Devajyoti Barman
(Expert) 21 September 2012
1."What is the essential difference between these two in how they happen and how they are treated under the law?"
A de recenti statement is admissible only for the purpose of bolstering the complainer's credibility - this means, significantly, that it can't amount to corroboration. A res gestae statement is, however, admissible as truth of its contents and so can corroborate.
So, for example, if a victim is heard shouting "Help!" during an alleged rape, that is res gestae and can corroborate her allegation of rape. If she is heard saying "He raped me" afterwards, that is de recenti and so cannot serve as corroboration. (If she is observed in a distressed state, however, then the doctrine of distress as corroboration applies. See this thread for a discussion of the distinction.)
2.Read section 12 of CPC.
Do some labour yourself. It will help you only.
