Dying Declaration

Presented By:
Abhigya Verma
B.B.A. LL.B.(Hons.)
A057
Introduction

 The concept of dying declaration is based on the maxim “Nemo moriturus praesumitur
mentire” i.e. a man will not meet his maker with a lie in his mouth.

 Hearsay evidences are not given any weightage in the courts because the person who is
giving this evidence is not telling his experiences but that of another person and who cannot
be cross-examined to verify the facts.
 Dying declaration is an exception to this rule because if this evidence is not considered very
purpose of the justice will be forfeited in certain situations when there may not be any other
witness to the crime except the person who has since died. Sometimes it the best evidence in
such situations.
Research Problem
 The law of evidence in India faces several problems.
 Sometimes, a person who is injured might lodge an F.I.R. against another person and the
injuries might result in his death. In such cases, the F.I.R. itself can be treated as a dying
declaration. The research focuses on these situations where an F.I.R. can be treated as a dying
declaration and the problems arising with the same.
 In some cases, it can be possible that a dying declaration is only piece of evidence available
with the court. The problem that arises here is that, whether a conviction can solely based on
the dying declaration in such cases.
 The law does not prescribe any hard and fast rule with respect to the format of the dying
declaration. However, in general practise, a standard format is used. Thus the problem arises
when the dying declaration is not taken as per the standard form, will its evidentiary value
decrease.
Research Questions

 When can any other person except the magistrate record a dying
declaration?
 Does the dying declaration have to be in a question and answer form?
 When can the First Information Report be treated as a dying declaration?
 When does a dying declaration become unreliable?
 Can conviction be based solely upon dying declaration?
Hypothesis

 The dying declaration is a very crucial piece of evidence in any case and it
cannot be disregarded or the evidentiary value of the same cannot be held
doubtful only because of few irregularities in the process of recording the
same.
Research Methodology

 The researcher undertook a doctrinal research whereby depending upon

books and case judgements as a primary source of data along with relevant
articles on the topic for gathering secondary data.