Exploring the concept of Dying Declaration

  • Ahona Mukherjee
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  • Ahona Mukherjee

    Student at KIIT School of Law, India

Abstract

Dying declaration is based on the maxim nemo moritus praesumitir mentire which means man will not meet his maker with a lie in his mouth. The principle is based on the theory that a dying man may not speak the untruth. A statement made is only converted in dying declaration when the victim/ declarant dies. If the declarant does not die, then the declarant can be used as a witness in the court against the accused. It is said that the dying declaration is only recorded on the presumption that the declarant is about to die. The declarant won’t lie just before dying. But if the declarant does not die then the statement can’t be admissible as dying declaration. This paper enlightens the basics of the concept of dying declaration, the essentials that helps one recognise a dying declaration, the relevancy of incomplete statements, evidentiary value of a dying declaration and its exceptions. This paper also provides suggestions on improving the laws pertaining to it.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 2126 - 2135

DOI: http://doi.one/10.1732/IJLMH.26471

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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