Raashi Agarwal, SVKMS NMIMS Kirit P. Mehta School Of Law
The task of the judge to scrutinize a matter and find the truth into it. Finding out the truth is a part and parcel of ever justice delivery mechanism. Every fact needs to be analyzed, scrutinized and evidence have to be presented in order to corroborate a narrated story. In a country like India where marriage is considered to be solemn and a wellspring of fresh starts. However, it has the longest shades of malice, one of them being the framework of dowry. Such instance of customs which show male-predominance by socially outraging a woman is still pervasive in the 21st century. For such a custom, women are regularly in the four walls of house are being harassed and tortured for the procurement of dowry. Instead of strict penal provisions being provided, it has been difficult to contain such a heinous crime. Dowry death is tricky one for judiciary as well, as it takes many evidences to prove the guilt of the accused. Dying declaration is one such evidence. This paper seeks to understand the relevancy, credibility, reliability, admissibly and evidentiary value of dying declaration in cases of dowry death.
Keywords: Dowry Death, Dying Declaration, Indian Penal Code, The Indian Evidence Act.