Ahona Mukherjee ,
Exploring the concept of Dying Declaration,
4 (2) IJLMH Page 2126 - 2135 (2021), DOI: http://doi.one/10.1732/IJLMH.26471
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.
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