Dying Declaration By Rape Victims

Dying Declaration by Rape Victims: A censorious 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 decedent long prior to the occurrence resulting in death atomic number 18 non Dying Declaration and not admissible in Indian Evidence Act . The general ground of admissibility of the usher is that no better say is to be had. Dying declaration is ready on the maxim Nemo moriturus praesumitur mentire which means a man show not meet his maker with a lie in his mouth. It operates as an take oution to the rumour ascertain . rumor evidence is excluded because it is considered not sufficiently trustworthy. It is rejected because it lacks the sanction of the tests use to admissible evidence i.e. the oath and cross examination . They are not given any importance in the courts because the mortal who is giving this evidence is not telling h is experiences but that of another(prenominal) soul 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 waive in certain situations when in that location may not be any other witness to the crime except the person 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 fashioning the statement. In addition, at the condemnation of reservation much(prenominal) declaration, it is necessary that he or she s hould experience that there is impending de! ath. 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 make up in woodcocks case,...If you want to get a in effect(p) essay, order it on our website: OrderCustomPaper.com

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