( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

Impact Factor* - 6.2311


**Need Help in Content editing, Data Analysis.

Research Gateway

Adv For Editing Content

   No of Download : 285    Submit Your Rating     Cite This   Download        Certificate

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

Abstract

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.

  1.   AIR 2010 SC
  2.   R v. Woodcock, 1789 (1) Leach 500.
  3.   R v. Jekins 1869 L.R ICCR 187.
  4.   Waugh v. R (1950) A C 203 (P.C.)
  5.   Rv.Pike (1829)3C&P.598:172E.R.562
  6.   State v. Kanchan Singh, 1954 A 153:1954 Cr. U 264:153 AU 615.
  7.   2009 (3) RCR (Criminal) 765 SC
  8.   Jai Shree Anant Khandekar v. State of Maharashtra, 2009 (3) RCR (Criminal) 765 SC.
  9.   AIR 1999 SC 3062
  10.   Kishan Lal v. State of Rajasthan AIR 1999 SC 3062.

*Contents are provided by Authors of articles. Please contact us if you having any query.






Bank Details