Dying Declaration - 'A Man Will Not Meet His Maker with a Lie in His Mouth'
13 Pages Posted: 27 Feb 2010
Date Written: February 25, 2010
In this paper an attempt is made to track the important developments in the law relating to dying declarations. I would like to submit that for the purposes of this paper I have concentrated specifically on Sub-Section 1 of 32 of the Indian Evidence Act, 1872 and have not dealt with the entire law relating to admissibility of statements made by persons who cannot be called as witnesses as encoded under Sections 32 and 33.
Section 32 (1) of Indian Evidence Act, 1872 reads as follows: “Statements, written or verbal, of relevant facts made by a person who is dead are themselves relevant when the statement is made by a person as to the cause of his death, or as to 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.”
The principle on which dying declaration is admitted in evidence is indicated in legal maxim "nemo moriturus proesumitur mentiri - a man will not meet his maker with a lie in his mouth." The situation in which a person is on deathbed is so solemn and serene when he is dying that the grave position in which he is placed, is the reason in law to accept veracity of his statement.
Keywords: law, legal, evidence, dying declaration, dying, nemo moriturus proesumitur mentiri, death, criminla law, proof, admissibility
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