THE DYING DECLARATION: A POWERFUL TOOL OR A FLAWED TESTIMONY?

AUTHOR – ADITI JAIN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY RAJASTHAN

BEST CITATION – ADITI JAIN, THE DYING DECLARATION: A POWERFUL TOOL OR A FLAWED TESTIMONY?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 511-522, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The article examines the complex terrain of legal regulations, court decisions, and the trustworthiness of dying statements in legal proceedings. This research examines the basic legal structure supporting dying declarations, which includes rules like Section 32 of the Indian Evidence Act, 1872, and similar laws in different regions. The article evaluates the practical use and importance of dying declarations in courtrooms by studying relevant case laws such as R v. Woodcock and Matru v. State of U.P., showcasing their strengths and weaknesses. In addition, utilizing academic studies by scholars, the paper discusses the moral aspects concerning dying statements, covering topics like pressure, cognitive abilities, and the possibility of influence. This article seeks to thoroughly examine whether dying declarations should be seen as a powerful legal instrument or a faulty form of testimony in the field of law by combining laws, court decisions, and academic perspectives.

Keywords: Indian evidence act, Bhartiya Sakshya Adhiniyam, dying declaration, evidentiary value