Is a dying declaration admissible as evidence?

— 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 …

What is dying declaration in Evidence Act?

A dying declaration is “hearsay evidence”. Under section 59 of the Evidence Act 1995, hearsay is deemed as a witness saying somebody told them something that is relevant to a crime, but they have no direct knowledge.

What is the Section 137 Evidence Act?

Section 137 Evidence Act 2011 is titled ‘Standard of proof where burden of proving fact, etc. placed on defendant by law’. It is under Part IX (PRODUCTION AND EFFECT OF EVIDENCE) of the Act.

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”.

In what types of cases is a dying declaration admissible?

A dying declaration is a type of hearsay. However, unlike regular hearsay, a dying declaration is admissible in court. As such, a dying declaration is as an exception to the hearsay rule. The dying declaration may be used in civil law cases and criminal law cases.

How is the dying declaration proved?

Dying declaration can be proved by the person who records it. A dying Declaration is not complete unless full names and addressed of the person involved are given in it. The distinction between the English Law and Indian Law: Before a dying declaration may be admitted, it must be proved that its maker is dead.

What is importance of dying declaration?

It is a most important essential, the court easily decided that the declarant mind fit when record a statement and he had a clear opportunity to observe and identify his assailant. A dying declaration must be that of a person competent to testify as a witness under Article 3 of the Q.S.O.

Who can take dying declaration?

Dying declaration is not mandatorily required to be recorded by any Magistrate or particular person. However, it is normally accepted that such declarations would be recorded by Magistrate or by doctor to eliminate chances of any doubt of false implication. 2010 AIR SCW 5494. 4.

What is the Christie discretion?

The discretion to exclude evidence where its probative value is outweighed by the risk of unfair prejudice derives from the common law Christiediscretion, which enables the trial judge in criminal trials to exclude evidence which is likely to produce incorrect verdicts by misleading or prejudicing the jury.

What is the rule in Browne v Dunn?

The rule established by Browne v Dunn is that when a witness is giving evidence and you intend to call evidence that contradicts them, you must put the substance of that contradictory evidence to the witness during cross-examination and give them the opportunity to comment on it.

Who can record dying declaration?

Dying declaration is not mandatorily required to be recorded by any Magistrate or particular person. However, it is normally accepted that such declarations would be recorded by Magistrate or by doctor to eliminate chances of any doubt of false implication.

What are the basic rules related to dying declaration?

The dying declaration is a statement made by a person to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and such details which fall outside the ambit of this are not strictly within the permissible limits laid down by section 32(1) of the evidence act and unless …

What is dying declaration under Section 32 of evidence?

The court said that the statement made must be at any rate near death or the circumstances of the transaction explaining his death is relevant under section 32 of Evidence Act. In this case, the court stated that dying declaration can be any statement that explains the cause of death or the circumstances of the transaction explaining his death.

Why is a declaration of death 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 a dying declaration admissible in a criminal case?

But dying declaration is admissible for the following two reasons. As the victim is sole eye witness , exclusion of his/her evidence defeats the ends of justice. Declaration made by a person under expectation of death are presumed to be true.

What is the evidentiary value of a dying declaration?

The evidentiary value of the dying declaration will vary according to the circumstances of a particular case in which it is made. While considering the value of dying declaration, the court take into account the whole but not part of it.