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Admissibility And Evidentiary Weight Of Dying Declarations In Criminal Trials




Muskan Sharma, Amity Law School, Amity University Mohali, Punjab, India


ABSTRACT


The concept of a dying declaration has played a crucial role in the study of evidence law for quite some time. A dying declaration is commonly interpreted to be a statement made either in writing or orally by a person regarding the cause of their death or the circumstances surrounding it. The rule that allows such declarations to be taken in court is based on an ancient legal maxims which asserts that no one would lie when death is imminent. This main concept of law considers that when a person is dying with no hope and no reason to lie, he or she feels a strong urge to utter nothing but the truth.


Keywords: Dying Declaration, Bhartiya Nyaya Sanhita, Sec 32 of Indian Evidence Act, Admissibility of Evidence, Hearsay Exceptions, Evidentiary Value, Judicial Interpretation.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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