Dying Declaration Case Study

CHAPTER 1

Introduction of Topic

“Nemo MoriturusPraesumiturMentire”

It means that nobody dies with a lie in their mouth and if they do so, they would not be able to meet their maker. Dying Declaration works on this maxim. The religious sanction behind their admissibility comes from the belief in the fact, that a sense of impending death produces in a man's mind the same feeling as that of a conscientious and virtuous man under oath-nemo morituruspraesumunturmentiri. Dying declarations is an important principle of Evidence Act. They are basically the statements made by the dying the person which tell about the causes and circumstances which led into his death.

Dying declarations are statements made by a dying person as to the injuries which

The Rule of Hearsay evidence tells that Hearsay Evidence is needed to be excluded as it is not trustworthy enough to rely decisions on them. Section 60 of Indian Evidence Act lies down that oral evidence must be direct. Section 32 is an exception to the general rule that hearsay evidence is not admissible.Dying declarations are admitted as an exception to the hearsay rule when they are made by declarants who are dead at the time of trial. They are rejected in the Court of Law as they do not fulfil the criterion given in the test of the admissible evidence. This is so because the statements given by such person cannot be verified or cross-examined in Court of Law. But the Dying Declaration is treated as an exception to such rule as the purpose of the Evidence will be tarnished if such statements will not be taken into consideration as the person is dead and cannot come to testify the statements and at the same time the statement made by the person cannot be

It talks about the fact that the circumstances and causes given in the statement must be in proximity with the actual occurrence. In the series of judgements, the Court has also held that dying declaration can be the sole basis of the conviction of the accused. According to this section when the statement is made by a person as to the cause of his death, or any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question. Such statements are relevant whether the person who made this was expecting death or