Evidentiary value of dying declaration:

Dying declaration is one kind of hearsay evidence. We know that hearsay evidence is not admissible to the court. But dying declaration is exception. As a evidence dying declaration is very valuable, it helps to prove fact in issue of the case.

Dying declaration is admissible on the ground that men may tell a lie but at the time of death he cannot speak false. That’s why it is said that “truth sits upon the lips of dying men”.

In Ramnath vs state, 1953 held that no oath and no cross-examination to presenter of dying declaration, because he may be confused. Declarator is death, so he is out of cross-examination.