What is Dying Declaration?
What is Dying Declaration?
मृत्यु की घोषणा
मृत्यु की घोषणा
It is based on principles of Leterm Mortem
It is based on principles of Leterm Mortem
Dying Declaration is an exception to the rule of Hearsay evidence.
Dying Declaration is an exception to the rule of Hearsay evidence.
Dying declaration is dealt with in Section 32(1) of Indian Evidence Act .
Dying declaration is dealt with in Section 32(1) of Indian Evidence Act .
section 32(1) provides for the statement of a person who is dead.
section 32(1) provides for the statement of a person who is dead.
Pakala Narayana Swami vs King Emperor- held that the letter to wife before going to place where he was killed.
Pakala Narayana Swami vs King Emperor- held that the letter to wife before going to place where he was killed.
It was held to be a Dying Declaration.
It was held to be a Dying Declaration.
In England declarant should have expectation of death.
In England declarant should have expectation of death.
In Indian law the expectancy of death in minds of the declarant is not necessary.
In Indian law the expectancy of death in minds of the declarant is not necessary.
There is neither a rule of law nor of prudence that a dying declaration cannot be acted upon without corroboration
There is neither a rule of law nor of prudence that a dying declaration cannot be acted upon without corroboration
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You'll not have to refer any other place fo any exam.
You'll not have to refer any other place fo any exam.
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