Friday 13 June 2014

Grounds for accepting dying declaration



There have main three grounds on which dying declaration is admitted. These are given below:-

1. Death of declarant: The declarant of the dying declaration must be death. If he alive then it will not be dying declaration.

2. Necessity: Second ground is that the dying declaration is necessary to identify offenders. Where victim is the only eye-witness to the crime, the exclusion of his statement would tend to defeat the ends of justice.


3. The sense of impending death: which creates a sanction equal to the obligation of an oath. Dying declaration admits on the grounds of the sense of impending death, because in this situation a person tries to speak truth and not tries to speak false. That’s why it is said that “truth sits upon the lips of dying men”.

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