Devika Tiwari, BA LLB, Jindal Global Law School, OP Jindal University, Sonipat, Haryana
ABSTRACT
Laws relating to evidence are necessary especially for countries following the common law system. Law of Evidence as a type of law is very important as it puts in motion the other substantive laws. It is significant as it acts as a tool to achieve the goal of truth and justice. Dying Declaration is a crucial component of evidence law and is considered as one of the credible and trustworthy forms of evidence. It is one of the debatable concepts which requires proper examination to ensure that it evolves. This paper aims to discuss the concept of dying declarations and deliver a comparative analysis of two common law jurisdictions, namely, India and The United States of America. This comparison will be in terms of the admissibility and evidentiary value of dying declarations in the court of law. In addition, this paper shall try and understand section 32 of the Indian Evidence Act in a thoroughly and also discuss numerous cases which deal with it.
