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a man will not meet his maker with lie on his mouth.
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This is based on the maxim ‘ nemo mariturus presumuntur mentri’ i.e. It is the statement of a person who had died explaining the circumstances of his death. Word “Dying Declaration” means a statement written or verbal of relevant facts made by a person, who is dead. A dying declaration is usually introduced by the prosecution, but can be used on behalf of the accused. A person who makes a dying declaration must, however, be competent at the time he or she makes a statement, otherwise, it is inadmissible. If the person who made the dying declaration had the slightest hope of recovery, no matter how unreasonable, the statement is not admissible into evidence.
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As a result, it is an exception to the Hearsay rule, which prohibits the use of a statement made by someone other thanthe person who repeats it while testifying during a trial, because of its inherent untrustworthiness.
WHAT ARE THE DEATH NOTE RULES TRIAL
The study tells about those statements which converted into dying declaration, different forms of dying declaration, which are admissible by law, it’s importance in the law & clears that has it some value or not? And if it has, then what are the exceptions of it?Ī statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.Ī dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that they are about to die do not lie. The word “Dying Declaration” itself tells the meaning But this project highlights those questions, which have a great value in legal field relating to dying declaration. The purpose of this research is to identify the principle of “ Leterm Mortem” which means “words said before death” & in a legal term it is called ‘ Dying Declaration’. It is the statement of a person who had died explaining the circumstances of his deathĭying Declaration - Section-32(1) of Indian Evidence Act Section-32(1) of Indian Evidence Act, Word “Dying Declaration” means a statement written or verbal of relevant facts made by a person, who is dead.