Facet
Admissibility
Declarant
Spontaneous
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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 an evidence under Section 32 of Indian Evidence Act. Dying declaration can be recorded by a magistrate, a doctor, a police officer or even a village head. It should be recorded in presence of at least two witnesses. The dying declaration may be the basis of conviction if the court is satisfied that the dying man had a good opportunity recognising the truth when the declaration was made. Doctor's role is very important and complicated in cases when dying declaration is needed.
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38 Pages Posted: 27 Jan 2010
affiliation not provided to SSRN
Date Written: January 20, 2010
Dying Declarations are the statements made by a dying person as to injuries which culminated in his death or the circumstances under which the injuries were inflicted. Statements made by a deceased long prior to the occurrence resulting in death are not Dying Declaration and not admissible in Indian Evidence Act. The general ground of admissibility of the evidence is that no better evidence is to be had. Dying declaration is based on the maxim "Nemo moriturus praesumitur mentire" which means "a man will not meet his maker with a lie in his mouth". It operates as an exception to the hearsay rule . Hearsay evidence is excluded because it is considered not sufficiently trustworthy. It is rejected because it lacks the sanction of the tests applied to admissible evidence i.e. the oath and cross examination. They are not given any importance in the courts because the person who is giving this evidence is not telling his experiences but that of another person and who cannot be cross examined to verify the facts. It is an exception because if this evidence is not considered the very purpose of the justice will be forfeited in certain situations when there may not be any other witness to the crime except the person who has since died. A Dying Declaration as envisaged by S 32 of the Indian Evidence Act need not necessarily be from a person who is dying at the time of making the statement. In addition, at the time of making such declaration, it is necessary that he or she should know that there is impending death. In other words, at the time of making such declaration it is a legal mandate that such person must entertain expectation of death. A rule peculiar to criminal cases is the exception to the rule respecting hearsay evidence which renders dying declarations as to the cause of death admissible in trials for murder and manslaughter. The earliest emphatic statement of it is to be found in woodcock's case, decided in 1789. This case refers to a decision in 1720 and to the case of R v. Reason and Tranter, decided in 1722. That case, however say nothing as to any limitation on the rule. A series of cases from 1678 to 1765 shows that during that period declarations of deceased persons as to the cause of their death were admitted even though the declarants had hopes of recovery when they were made. Dying Declaration is a statement made by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases. A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that they are about to die do not lie. As a result, it is an exception to the Hearsay Rule, which prohibits the use of a statement made by someone other than the person who repeats it while testifying during a trial, because of its inherent untrustworthiness. If the person who made the dying declaration had the slightest hope of recovery, no matter how unreasonable, the statement is not admissible into evidence. A person who makes a dying declaration must, however, be competent at the time he or she makes a statement, otherwise, it is inadmissible. A dying declaration is usually introduced by the prosecution, but can be used on behalf of the accused. As a general rule, courts refuse to admit dying declarations in civil cases, even those for Wrongful Death, or in criminal actions for crimes other than the Homicide of the decedent. A dying Declaration is fairly well crystal by judicial decisions. But before it is relied on, it must pass a test of reliability as it is a statement made in the absence of the accused and there is no opportunity to the accused even to put it through the fire of cross-examination to test it genuineness or veracity.
Keywords: Dying Declaration, its Reliabilty, Conviction on its basis
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a dying declaration may be severable and the corre ctness of one part does not depend upon the correctness o f the other part. In the last mentioned case, the court would not no rmally act upon a ...
The purpose of the research paper is to lay down a complete theoretical understanding of dying declaration and form a comparative analysis of dying declaration between two common law systems, India, and England. ... Musings on the Dying Declaration, 22 Anglo-Am. L. Rev. 42, 42 (1993). Indian Evidence Act, 1872, S.32 (1), Act No. 1 of 1872, S.32 ...
This research paper aims to deliver a comparative analysis of three common law jurisdictions, namely, India, the U.S., and the U.K., regarding the admissibility and evidentiary value of dying declarations in the legal system. The scope for studying admissibility has been limited to the nature of proceedings, the death of the declarant, the ...
rresponding [email protected]. pkIntroduct. his creator. In this paper researchers explore the admissibility. of the dying declaration in the court of law the conditions. where ithas been the base o. causing conviction and also t. alysisdiscussing the tra. itional approaches of the court until n.
This paper completes the trilogy with an examination of the scientific support for and against Rule 804(b)(2). Rule 804(b)(2) (the " DD. hearsay exception") is concerned with the "statement under the belief of imminent death," more tradition ally referred to as the dying declaration ("DD"). 13 DD is defined as follows: 4. United ...
The dying declaration is a statement verbal or written made by a. person relating to the cause of his or her death or any of th e circumstances of the tran saction resulting in death. The ...
Dying Declaration is a statement made by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases. A dying declaration is considered credible and trustworthy evidence based upon the general belief ...
Abstract. Dying declaration is a written or verbal statement (or in gesture) based on pertinent facts made by a person who died explaining the cause of his death. Section 32 (1) of the Indian Evidence Act,1872 recognizes the principle of Leterm Mortem which means words before death, the section states "When the statement is made by a personas ...
referred to as a dying declaration. It is presumed that a person who is about die will not lie. Hence, a dying declaration is considered credible and trustworthy piece of evidence. Resultantly, such a statement which qualifies the requisites of dying declaration is an exception to the rules of Hearsay Evidence.
The dying declaration. This research paper aims to deliver a comparative analysis of three common law jurisdictions, namely, India, the U.S., and the U.K., regarding the admissibility and evidentiary value of dying declarations in the legal system. The scope for studying admissibility has been limited to the nature of proceedings, the death of ...
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. The dying declaration forms the sole basis of conviction if it i s free from any kind of doubt and if it has been recorded in the manner as provided under the law.
Sec- 164 (1) of Code of Criminal Procedure, enables officers to record dying statement of deceased. regardless of whether he has jurisdiction over the case or not and in circumstances where the ...
Dying declaration being statement of a man who is no more to assist the ... scrutiny in this paper. It further examines the relevancy and the evidentiary value of such statements, weight which the courts are likely to attach to such piece of evidence, the mode and ... research is concerned has been declared relevant under section 32(1) of the ...
Title: Dying declaration and its application in administration of justice a critique: Researcher: Marya, Atul: Guide(s): Jaswal, Nishtha: Keywords: Dying
DEFINITION The term 'dying declaration' has not been defined in Evidence Act but reading Section 32 and sub-section (1) of Section 32, the term "dying declaration" may be defined as follows :"A dying declaration is statement made by a person who is dead; as to cause of his death or as to any circumstances of transaction which resulted in his death, in cases in which his death comes into ...
Abstract. Dying declarations are declarations of a dying individual on wounds which contributed to his or her death or to injuries being inflicted. Statements by the dead well before death in the Indian Proof Act and not the Announcement of death are not allowed. The main justification for approval of the data is that there is no higher proof.
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 an evidence under Section 32 of Indian Evidence Act. Dying declaration can be recorded by a magistrate, a doctor, a police officer or even a village head.
5) The dying declaration must be complete, from the point of view of the declarant. In Cyril Waugh v. King7, the dying declaration was prima facie incomplete and no one could tell what the deceased was about to add further. The court declared that the dying declaration was inadmissible. However, if the incomplete dying declaration
The paper titled 'A study on dying declarations and its importance for the rape victims' focuses on the concept of the dying declarations and the paper further highlights the importance of dying declaration in the trials of the rape victims. Statements made by any dying person regarding the injuries that culminated in the death or the situations under which the injuries were inflicted are ...
Research Paper on Dying Declaration by Rape victims: A Critical Analysis 5 provides that when the statement is made by a person as to the cause of his death or as to any circumstances of the transaction which resulted in his death, being relevant fact is admissible in evidence. Such statements are commonly known as dying declarations.
declaration made by deceased are not required to have been result in imminent expectation of death.Before a statement may be admitted as dying declaration death of the deceased must be proved by the pers. n who want to prove dying declaration before court burden of proving death of deceased is upon him. If due to any circumstances person is ...
To study the disadvantages of the recording of dying declaration; Research Methodology The researcher has adopted doctrinal method of research and the entire paper is in the form of analysis of the established procedures, thereby following analytical mode of research. The primary sources for this research paper are the Indian Evidence Act and ...
Dying declaration is based on the maxim nemo moritus praesumitir mentire which means man will not meet his maker with a lie in his mouth. The principle is based on the theory that a dying man may not speak the untruth. ... Research Paper . Information . International Journal of Law Management and Humanities, Volume 4, Issue 2, Page 2126 - 2135 ...
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