The general rule is hearse evidence is not admissible but Dying Declaration is an exception to it which is based on an legal maxim ‘Nemo moritus praesumitur mentire’ which means ‘A man will not meet his maker without a lie in the mouth’. The term Dying Declaration came from word Leterm Mortem which means words before death. Any statement made by the person dead is known as Dying Declaration.
Dying Declaration is a statement written or verbal made by a person as to the cause of his death or as to any of the circumstances to the transaction which lead to the death. This concept has been explained under section32(1) of Indian Evidence Act,1872. Dying Declaration can be proved by the person who records it.
This paper explains the concept of Dying Declaration, the statements which are relevant under Dying Declaration, what all facts are to be taken as admissible under Dying Declaration and under whom Dying Declaration made has the highest evidentiary value.”
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