Dying Declarations In Civil Cases

Rian Gupta, Bennett University, Greater Noida

ABSTRACT

It is a settled fact that dying declarations are increasingly being used as evidence by the courts in the contemporary times. However, one may have mostly heard of dying declarations being applied in criminal matters. But the question that arises here is – can dying declarations be used in civil suits as well? The objective of this research paper is to determine the principle of the legal maxim “Leterm Mortem” which translates to “words said before death”.1 In the legal parlance, it is referred to as “Dying Declaration”. Fundamentally, the term “Dying Declaration” is self-explanatory. However, this paper brings forth those aspects, which have a huge value in the legal arena with respect to this theme like – the comparison of the Indian law and the foreign laws with respect to the application of dying declarations in civil suits, a comparative analysis of the cases and precedents set by Supreme Court in India with those of other countries and many more. Through the medium of this paper, it will become extremely simple to comprehend the present status of the usage of dying declarations in civil cases, not only in India, but also in foreign jurisdictions.

Part I of the paper gives a simple, yet comprehensive introduction to the entire concept of dying declarations. Part II of the paper explores this concept through a comparison between the Indian laws and those of the foreign laws by delving into the pages of history and unearthing the cases which have today become the precedents. This part essentially provides a detailed history of the usage of dying declarations in civil cases in the foreign countries. Part III explicates upon specific rulings from the Supreme Court of India and that from the English law. Last, but not the least, Part IV sums up the entire paper and lays down the essence of this topic in brevity.

Keywords: Dying declarations, civil cases, homicide, criminal cases, admissible.