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Dying Declaration

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  • December 14, 2011
  • 6923 Words
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A dying declaration is a statement made by a dying person as to the cause of his death or as to any circumstances of the transaction that resulted in his death. It is evidence under Section 32 (1) of Indian Evidence Act,1872. This section is an exception to the general rule that hearsay evidence is no evidence In this paper, the researcher will explore these facets namely – the scope and application of section 32 (1), the method of giving and recording a dying declaration and its evidenciary value by examining its interpretation by courts. Material examined:

The researcher has used the bare act of the Indian Evidence Act of 1872, and thereby used the various commentaries by eminent jurists and legal authors on The Indian Evidence Act 1872 to get a detailed and enhanced view of the scope and applicability of dying declaration. The researcher has also accessed websites like Manupatra and SCC online to have a full review of the relevant case law. Research Questions:

1) Whether there are parameters that affect the evidentiary value of Dying Declaration? 2) Whether weight is given by courts to dying declaration as evidence? 3) Whether dying declaration has got an evidentiary value? 4) Whether dying declaration is an exception to the hearsay rule? 5) Whether there is a difference between English law and Indian Law regarding dying declaration?

1) There are parameters that affect the value of Dying Declaration. 2) Weight is given by courts to dying declaration as evidence. 3) Yes.
4) Yes.
5) Yes.
Research Methodology:
The research methodology is doctrinal in nature. Primary and Secondary sources of data have been relied upon.

The maxim “Nemo moriturus praesumitur mentire” is basis for ''dying declaration'', which means '' a man will not meet his maker with a lie in his mouth''. A dying declaration is called as '' Leterm Mortem''. The word ''...