Why is a dying declaration admissible in evidence?

— In order that a dying declaration may be admissible as evidence, four requisites must concur: 1) That the declaration must concern the cause and surrounding circumstances of the declarant’s death; 2) That at the time the declaration was made, the declarant was under a consciousness of an impending death; 3) That the …

What is the principle on which dying declaration are admitted in evidence?

The principle on which it is admitted as evidence is indicated in the legal maxim ‘nemomoriturus prae-sumitur mentire’ which means a man will not meet his maker with a lie in his mouth. This is exactly the reason as to why courts have held that an accused can be convicted solely on the basis of ‘Dying Declaration.

Which case is dying declaration admissible?

A dying declaration is relevant evidence as declared by Section 32 of the Indian Evidence Act, 1872. Dying declaration is admissible not only in the case of homicide but also in civil suits. If the Court is satisfied that the dying declaration is true and voluntary, it can base conviction on it without corroboration.

Is death necessary in dying declaration?

If the declarant does not die In that situation, the deceased now turned to be a witness against the accused to narrate what the actual story was. As the dying declaration itself mentioned the word dying, so it is necessary that there must be an expectation of death on the part of the declarant.

What is meant by dying declaration?

Introduction. A Dying Declaration is a statement made by a declarant as to the cause of his death or who died explaining the cause of his death.

What are the essential requirements for admissibility of dying declaration?

Dying declaration can only be taken into consideration when it is a) Recorded by a competent magistrate (with certain exception), b) the said statement must be recorded in the exact words, c) there must not be any scope of influence from the third party, and hence the declaration must be made soon after the incident …

What is difference between dying declaration and dying deposition?

A dying declaration is a statement made by a deceased person to anybody who happens to be present when it is made, whereas a dying deposition has to be made before a Magistrate and in the presence of the accused.

Can dying declaration be accepted without corroboration?

Dying declaration does not require any corroboration as long as it creates confidence in the mind of the Court and free from any form of tutoring. In case Uka Ram v. State of Rajasthan[5].

What is dying declaration how it is proved what is its value in evidence?

Evidentiary Value of Dying Declaration. “The dying declaration is undoubtly admissible under section 32 & not being statement on oath so that its truth could be tested by cross-examination, the court has to apply the scrutiny & the closest circumspection of the statement before acting upon it.

What is the importance of dying declaration?

A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that their about to die “do not lie”.

Why dying deposition is better than dying declaration?

Dying deposition is almost a dying declaration. The main difference being that it is always recorded by a magistrate in presence of the accused or his/her lawyer. Legally, the dying deposition is more valuable than dying declaration as the accused has got the opportunity to challenge and cross-examine. …

Is dying declaration a substantive piece of evidence?

It is true that dying declaration is a substantive piece of evidence to be relied on provided it is proved that the same was voluntary and truthful and the victim was in a fit state of mind. The apex court set aside a conviction order passed solely on the basis of dying declaration.

What is the condition for admissibility of dying declaration?

Condition for admissibility of dying declaration: For the admissibility of dying declaration , the following conditions are to be satisfied. Dying declaration to be admissible , the declarant must be dead. If the declarant survives, it is not admissible under the Section 11 of Evidence Act 2031 but it will admissible as a corroborative evidence.

Why is a declaration of death not direct evidence?

Dying declaration is not direct evidence because the original author of the statement was not found on the earth when they made the statement, they did not make the statement in the face of the entire world but in the privacy which might have emboldened him/her to say what he/she would not even hint at in public.

Are letters of death admissible in court?

The court held that the letters are admissible as dying declaration as they alleged of the circumstances that brought about his death. The only object to make it admissible is that the ends of justice must not be defeated.

Is a fir a dying declaration?

In Munnu Raja & Anr.v. State of M.P.[6] the Supreme Court Of India held that statement by injured individual recorded as FIR can be considered as dying declaration and such statement is admissible under Section 32 of Indian Evidence Act.