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Analysis Of Judicial Discretion In Dying Declarations: Timing And Admissibility

Sep 26
2 min read



Jaya Sinha, National Law Institute University, Bhopal

Deepika Mohnani, National Law Institute University, Bhopal

Ritik Ranjan, National Law Institute University, Bhopal


INTRODUCTION


Dying declarations hold a significant place in the Indian legal system Section 26(a) of the Bharatiya Sakshya Adhiniyam (BSA) of 2023. A dying declaration refers to a statement made by a person who is on the verge of death, concerning the cause of their death or the circumstances leading to it. The underlying principle behind admitting dying declarations as evidence is based on the belief that a person who is about to die would not lie. However, the admissibility of such declarations remains a contentious issue, particularly concerning the timing of the statement. Courts have exercised broad discretion in determining whether a dying declaration is admissible, resulting in inconsistent judicial outcomes. This research project seeks to critically analyze how the proximity of timing of dying declarations influences their admissibility and how judicial discretion in this regard has led to legal uncertainty.


The research will begin by examining the existing legal framework governing dying declarations, with a particular focus on timing. Key judgments such as Munnu Raja v. State of M.P., Kishan Lal v. State of Rajasthan, Laxman v. State of Maharashtra, and Bhagwan Das v. State of Rajasthan will be analyzed to illustrate how courts have accepted or rejected dying declarations based on the timing of the statement. These cases reflect the inconsistency in judicial decisions, where months-old declarations have sometimes been admitted while more recent ones have been rejected.


The project will identify the key factors that courts consider when admitting dying declarations, apart from timing, and will assess the challenges faced by courts in maintaining consistency.




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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Submit Manuscript: Click here

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Licensing: ​

 

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.

 

Disclaimer:

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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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