What is the evidentiary value of a dying declaration?
What is the evidentiary value of a dying declaration?
Evidentiary Value of Dying Declaration. “The dying declaration is undoubtly admissible under section 32 & not being statement on oath so that its truth could be tested by cross-examination, the court has to apply the scrutiny & the closest circumspection of the statement before acting upon it.
What is the dying declaration exception?
The dying declaration exception is a very narrow exception that only require a statement to meet several requirements in order to be admitted into court. These requirements are: The statement must have been made by the victim. The victim must make the statement at the time that they believe death is imminent.
What is the principle on which dying declaration are admitted in evidence?
The principle on which it is admitted as evidence is indicated in the legal maxim ‘nemomoriturus prae-sumitur mentire’ which means a man will not meet his maker with a lie in his mouth. This is exactly the reason as to why courts have held that an accused can be convicted solely on the basis of ‘Dying Declaration.
What is the value of dying declaration under Indian Evidence Act 1872?
A statement by a person who is conscious and knows that death is imminent concerning what he believes to be the cause or circumstances of his death. A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that their about to die “do not lie”.
Is dying declaration admissible as evidence?
United States. Under the Federal Rules of Evidence, a dying declaration is admissible if the proponent of the statement can establish all of the following: The declarant’s statement is being offered in a criminal prosecution for homicide, or in a civil action.
Is dying declaration admissible?
A dying declaration is relevant evidence as declared by Section 32 of the Indian Evidence Act, 1872. Dying declaration is admissible not only in the case of homicide but also in civil suits. If the Court is satisfied that the dying declaration is true and voluntary, it can base conviction on it without corroboration.
When can you use dying declaration?
Tests for admissibility In common law, a “dying declaration” must be a statement made by a deceased person who would otherwise have been a credible witness to their own death by murder or manslaughter, and was of “settled hopeless expectation of death”.
Can a doctor record a dying declaration?
Dying declaration can be recorded by a magistrate, a doctor, a police officer or even a village head. It should be recorded in presence of at least two witnesses.
Can a doctor record dying declaration?
When can a dying declaration be admissible in court?
— In order that a dying declaration may be admissible as evidence, four requisites must concur: 1) That the declaration must concern the cause and surrounding circumstances of the declarant’s death; 2) That at the time the declaration was made, the declarant was under a consciousness of an impending death; 3) That the …
Can police officer record dying declaration?
Whenever possible a dying declaration should always be recorded by a Magistrate. If however, a Magistrate Page 5 4 be not available, the Police Officer should himself record the statement, preferable in presence of witnesses, and obtain the signature of the declarant.
Which case is dying declaration admissible?
How is the dying declaration not direct evidence?
Dying declaration is not direct evidence because the original author of the statement was not found on the earth when they made the statement, they did not make the statement in the face of the entire world but in the privacy which might have emboldened him/her to say what he/she would not even hint at in public.
Is the dying declaration admissible under Section 32?
Public Prosecutor [2], evidentiary value of dying declaration was observed as under:- “The dying declaration is undoubtedly admissible under section 32 & not being a statement on oath so that its truth could be tested by cross-examination, the court has to apply the scrutiny & the closest circumspection of the statement before acting upon it.
Can a dying declaration be taken on oath?
Though dying declarations are not statements made on oath and no cross examination is possible , yet because of the solemnity of the occasion, which ensures truth more than a positive oath they are received in evidence. Absolute guarantee of truth cannot be expected even in case of statements made on oath in a court.
Which is weaker a dying declaration or cross-examination?
As a dying declaration is not made on oath and is not the subject of cross-examination, it is a weaker type of evidence than the evidence given by a witness in the witness-box. If a Judge thinks that part of a dying declaration is deliberately false, he should not act upon the other parts without definite corroboration.