Dying Declaration And Its Applicability In The Indian Criminal Justice System
- IJLLR Journal
- Jun 1
- 1 min read
Saana Malik, Indian Institute of Management Rohtak
SECTION 1: INTRODUCTION
INTRODUCTION
A "Dying declaration" is a notable exception to the hearsay rule. Dying declarations can significantly impact criminal prosecutions in India, especially in situations of homicide, culpable homicide, and other fatal injury charges. A "Dying Declaration" is a statement made by someone who feels that he is going to pass away, discussing how he sustained the injuries that are killing him or any other immediate cause of his death, as well as discussing the person who caused the injuries or the person who is suspected or charged with causing them.
There is no definition for the term in the Indian Evidence Act; nonetheless, Section 32(1) of the Act defines dying declaration as follows:
“A dying declaration is statement made by person as to 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
the death of that person comes into question.”
As long as the statements are related to the cause of death or the events leading up to it, this clause permits them to be admitted as evidence in both criminal and civil prosecutions.
The phrase "Dying Declaration" is founded on the following legal maxim:
“Nemo Moriturus Praesumitur Mentire” it means that a man will not meet his maker with a lie in his mouth.
