Priyank Rao, BBA LLB) & Tushti Arya, BBA LLB, LLM, University School of Law and Legal Studies, GGSIPU, New Delhi
ABSTRACT
“Where words are scare, they are seldom spent in vain; they breathe the truth that breathe their words in pain”
Dying declaration one of the most fundamental principle under the law of evidence which the guiding source of Indian legal jurisprudence as we know today. The concept of Dying declaration has its origin from term “Leterm Mortem”, that means “Words before death”.
Dying declaration has not been defined in any statue applicable to India, however the literal translation of word “Dying Declaration” means “A statement verbal or written relating to the cause of the death of circumstances of transaction made by a person who is dead.”2 Initially, dying declaration was confined to the realm of criminal jurisprudence, over the time the concept of dying declaration was found its place civil jurisprudence alongside criminal jurisprudence.
In India, dying declaration is admissible to both criminal and civil cases, provided that the primary conditions are satisfied a) the statement must relate to the cause of the death, b) circumstances of transactions which resulted in the death of the victim, and c) the cause of the death of is in issue.
The authors through this paper would throw light upon the principle of Dying Declaration, briefly highlighting the history and origin of the concept. The authors would also discuss position of dying declaration under Indian law, how this concept has developed in India and discuss the essentials of its application which developed by the way of legal precedent. The paper will rely on various reports and other instruments of legal doctrinal research.
