International Research journal of Management Sociology & Humanities
( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH
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A COMPARATIVE STUDY OF DYING DECLARATION UNDER INDIAN AND ENGLISH LAW
1 Author(s): SUMITRA
Vol - 6, Issue- 8 , Page(s) : 70 - 74 (2015 ) DOI : https://doi.org/10.32804/IRJMSH
Dying declaration is admissible in evidence being the hearsay evidence. This piece of hearsay evidence is admissible as an exception to the general rule of evidence that hearsay evidence is no evidence in eye of law and it should be discarded as general rule because the evidence in all cases must be direct. It is very important documentary evidence. It is hearsay evidence but even then it is given a lot of weightage in the court proceedings. Under English law, the credence and the relevancy of the dying declaration is admissible only when the person making such declaration is in hopeless condition and expecting imminent death. Under Indian law declaration is relevant even if it is made by a person, who may or may not be under expectation of death, at a time of declaration.