Dying Declaration By Rape Victims

Dying Declaration by Rape Victims: A critical Analysis Dying Declarations argon the statements made by a end soul as to injuries which culminated in his death or the fate under which the injuries were inflicted . Statements made by a dead soul long prior to the occurrence resulting in death argon non Dying Declaration and not admissible in Indian Evidence Act . The general ground of admissibility of the usher is that no better demonstrate is to be had. Dying declaration is tacker on the maxim Nemo moriturus praesumitur mentire which means a man bequeath not meet his maker with a lie in his mouth. It operates as an take oution to the hearsay command . rumor evidence is excluded because it is considered not sufficiently trustworthy. It is rejected because it lacks the sanction of the tests moderate to admissible evidence i.e. the oath and cross examination . They are not given any importance in the courts because the soul who is giving this evidence is not tellin g his experiences but that of another(prenominal) individual and who cannot be cross examined to verify the facts. It is an exception because if this evidence is not considered the very purpose of the justice will be forego in certain situations when there may not be any other witness to the crime except the soulfulness who has since died.

A Dying Declaration as envisaged by S 32 of the Indian Evidence Act accept not necessarily be from a person who is demise at the metre of devising the statement. In addition, at the condemnation of fashioning much(prenominal) declaration, it is necessary that he or she should experience that there is impending d! eath. In other words, at the time of making such declaration it is a legal commandment that such person must entertain expectation of death. A rule peculiar to criminal cases is the exception to the rule respecting hearsay evidence which renders dying declarations as to the cause of death admissible in trials for murder and manslaughter. The earliest emphatic statement of it is to be found in woodcocks case,...If you want to get a liberal essay, order it on our website: OrderCustomPaper.com

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