Friday 13 June 2014

Whether a judge can relay on dying declaration?




Yes, a judge can relay on dying declaration. Because, 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”. Dying declaration is not conclusive proof. Other corroborating documents are necessary to prove it. Grounds why a judge can relay on dyingdeclaration and be cautious-
1. The declarant of dying declaration is death.
2. The person presenting dying declaration is only the witness of the declaration of death person.
3. And the person presenting dying declaration is out of cross examination and of taking oath.

No comments:

Post a Comment