Law of Dying Declarations in India

Paper Summary:

This paper attempts to track the important developments in the law relating to dying declarations, concentrating specifically on sub-section 1 of 32 of the Indian Evidence Act, 1872. Section 32 (1) of Indian Evidence Act, 1872. It looks at how the logic behind allowing dying declarations is that the character of the statement and the subject to which it refers indicate that it is reasonable to expect the highest degree of truth possible in the circumstances and the incentive or desire to falsify the statement is practically non-existence.

Outline
Introduction
History of Dying Declarations
Hearsay Evidence
Essentials of Dying Declaration
Court Proceedings
Attendance of Witnesses
Who May Testify?

From the Paper:

"The greater portion of the law of evidence is concerned with the rules that gradually have grown up in the courts respecting persons who may testify, and the manner in which their testimony may be given. Keep in mind that the sole objective of the rules of evidence is to arrive at the truth. A witness testifies regarding his or her knowledge of the facts as a matter of public duty, and only with the imposition of conditions the law authorizes. An example of an unauthorized condition would be an agreement to pay a witness additional compensation exceeding that authorized by law for his or her testimony."

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