A Study on Dying Declaration and it’s Importance for the Rape Victims

  • Ananya Rai and Malvika Bisht
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  • Ananya Rai

    Student at Alliance University, Bangalore, India

  • Malvika Bisht

    Student at Alliance University, Bangalore, India

Abstract

The paper titled ‘A study on dying declarations and its importance for the rape victims’ focuses on the concept of the dying declarations and the paper further highlights the importance of dying declaration in the trials of the rape victims. Statements made by any dying person regarding the injuries that culminated in the death or the situations under which the injuries were inflicted are known as the dying declarations. Maxim “nemo moriturus presumitur mentire” governs the principle of dying declaration. Dying declaration is an exception to the hearsay rule. The paper has analyzed the regulatory frameworks and the legal provisions in regard to the dying declarations throwing a light on the scope and application of the concept of dying declaration. The paper analyzes that in what circumstances the dying declaration can be a sole basis of conviction especially in rape trials. The paper further gives the insights of the various provisions under the Indian evidence act and the principles governing the declaration. The paper talks about the reliability test that the dying declaration has to pass to be the basis on conviction in the case trials. The paper also deals with the famous rape cases in which the dying declarations led to the conviction and further sentencing of the offenders. In the conclusion the paper gives the insights of the dying declarations, the merging importance of the dying declarations and how this is being used by the court of law in different cases where the dying declaration is established to be a strong evidence after passing the scrutiny if the courts and the reliability test.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 710 - 720

DOI: https://doij.org/10.10000/IJLMH.11545

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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