WHEN THERE ARE CONTRADICTORY DYING DECLARATIONS, WHICH ONE TO ACCEPT?

Abstract

The researcher has researched on the topic of dying declaration mentioned in Indian Evidence Act, 1872 under section 32(1). The word dying declaration means a statement given by a person for the cause of his death before dying. The main purpose of this research is to find what happens if there are two dying declarations given which are contrary in nature and which one is suitable as per the facts of the case and different scenarios mentioned in the running court. The researcher has also given a detailed study on different forms of dying declaration and which one is more evidently admissible in the court of law, and which one is not at all admissible in the court. A dying declaration is most trustworthy and credible source of information in the court as those people who know they are going to die would never lie under those circumstances, for which their reliability increases a lot. If the person who has hope to be saved and does get saved from death, their statement would not be admissible in the court. A person who is admitting in court must be competent at the time they are making the statement, or else it will not be admitted in the court of law. There are different cases which gives different aspect of admission of record before death. The researcher has given its full analytical study on contradiction of the same dying declaration and the criteria which makes which one to admitted in the court of law.