Dying Declaration: A Critical Analysis of Admissibility, Reliability And Ethical Implications in Modern Era

Registration ID: IJNRD_224863

Published ID: IJNRD2502131

DOI: Click Here to Get

Shipra

Dying declaration plays an important role in criminal proceedings and it has a distinctive place in the domain of criminal as well as evidence law. This paper highlights the multifaceted dimensions of the statements which is given by any person at the threshold of death, focusing on the Amissibility, Reliabilty and also the Ethical implication evolved in the inidan courts. Dying declarations has the potential to lead the investigation with critical information and it carries substantial weight in evidence law. This paper explores the historical development of the admissibility of these statements, legal framework surrounding it and examines the criteria by which these statements could be relied upon also, arguments made for reliability of dying declaration by considering many factors including mental and physical state of the person making statement. There are a number of case laws out of which few cases which are very important for understanding the evolution of dying declaration and its implication in modern times are discussed in this paper. The challenge of striking balance between seeking justice and defending the rights of accused and victims is highlighted by the ethical issues that the legal practitioners encounter while processing and presenting these remakrs.This paper examines the practical effects of dying declaration on india court systems and highlights the regional variances in their handling through case studies and global perspectives. To address current issues and improve the admissiblty and dependability of dying declarations, reform proposal are offered. This research emphasizes the necessity of nuanced approach of dying statements, one that recognizes their historical relevance while also admitting their limitations and ethical complexities. It also talks about how the international viewpoint is different in various nations and how It differs from india by comparing the admissibility of dying declarations. “After critically examining the case laws and different opinion of jurists and scholars the difficulties that are faced by Indian courts in deciding the whole concept of dying declaration is discussed. The interpretation of section 32 of the indian evidence act is critically discussed.” “Articulo Mortis is the latin maxim, in law it means “At the point of death” and when we talk about the admissibility of dying declaration in evidence is based upon another latin maxim- Nemomoriturus Prae-Sumitur Mentire which means a man will not meet his maker with a lie in his mouth. Everyone despises the statements given before death as the hearsay exemption as it appears outdated and parochial, relying for its trustworthiness and policy justifications on religious beliefs in divine punishment.” “In essence, the dying declaration exemption allows dying people to make declarations concerning the reason of their death as long as they are aware that they are dying and have no prospect of recovery.” The conventional view is that deathbed statements are especially trustworthy since no one would dare to face god’s vengeance by dying with a lie on their lips. Dying declaration is only made to magistrate in the presence of an advocate because it is not easy to determine the dying declaration admissibility. The courts have examined that when a man is dying, his words are virtuous. Certain elements are considered while making it as a proof and not all dying declarations are considered as evidence so proper analysis is done by magistrate by looking facts of each case. It should be severe enough and close enough in chain of evidence, these statements are not strict as res jeste but considered in some cases. The elements that strengthens the dying declaration is that it is recorded by a magistrate, written in exact words, made shortly after assault and these statements should be made before the controversies have happened. Every case is different thus there is no fixed criteria to rely upon these statements but the understanding has developed with the passage of time as courts have decided and given judgments after looking the facts and relevancy of dying declaration from case to case.

Published Paper   E-Certificate

Shipra (February-2025). Dying Declaration: A Critical Analysis of Admissibility, Reliability And Ethical Implications in Modern Era. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 10(2), b226-b229. https://ijnrd.org/papers/IJNRD2502131.pdf

Volume 10 Issue 2, February-2025

Pages : b226-b229

Paper Reg. ID: IJNRD_224863

Published Paper Id: IJNRD2502131

Downloads: 000121983

Research Area: Other

Country: delhi, delhi, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2502131.pdf

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Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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