Dying Declaration And Its Evidentiary Value In Relation To India & United Kingdom

Muskan & Sayani Pal, B.B.A.L.L.B. (Hons.), Faculty of Law, College Dehradun, Uttaranchal University

ABSTRACT

As per common law Only when the person making the statement passes away, the circumstances surrounding his or her death, as well as the cause of death, are in dispute, can a dying declaration be considered admissible and it is related to what the declarant thought would lead to his death or what he thought would cause it.

This research study intends to present a comparative examination of the admissibility and evidential value of dying declarations in the legal system in three common law jurisdictions, namely India, and the U.K. The focus of the research on admissibility has been restricted to the nature of the proceedings, the declarant's death, the anticipation of death, and the rationale or events that led to the declarant's death. This paper is solely focused on India and the United Kingdom's (hereinafter referred to as UK.) evidential value of the dying declaration and its different aspects. Both of these common law nations recognize the dying declaration as an exception, but the variables that give lead to this exception vary enormously.