Law Relating to Dying Declaration PDF Download

Author: Girija Nandan Sahay
Publisher:
ISBN:
Category :
Languages : en
Pages : 53

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Author: Aditi Agarwal
Publisher:
ISBN:
Category :
Languages : en
Pages : 12

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Dying declaration as an exception to the hearsay rule finds its basis in the “legal maxim nemo moriturus praesumitur mentire” which means “a man will not meet his Maker with a lie in his mouth.” Apart from evident religious underpinnings, the rationale suggests that “the last moments” of a person “are attended by an involuntary desire to unburden the conscience.” Under common law, “a dying declaration is a statement made by a declarant,” relating “to what the declarant believed to be the cause or circumstances of his impending death.” “While the original religious justification for the exception may have lost its conviction for some persons over the years, it can scarcely be doubted that powerful psychological pressures are present.” This research paper aims to deliver a comparative analysis of three common law jurisdictions, namely, India, the U.S., and the U.K., regarding the admissibility and evidentiary value of dying declarations in the legal system. The scope for studying admissibility has been limited to the nature of proceedings, the death of the declarant, the expectation of death, and the cause or circumstances resulting in declarant's death.

Author: Charles Dickenson Field
Publisher:
ISBN:
Category : Dying declarations
Languages : en
Pages : 230

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Author: J. C. Desai
Publisher:
ISBN:
Category : Confession (Law)
Languages : en
Pages : 848

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Author: Jewel E. Welch
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 62

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In evidence, the hearsay rule prohibits statements from being admitted at trial to prove the truth of events asserted when the declaring party is not available for testimony; however, there are exceptions to this rule, including the dying declaration exception. The dying declaration exception allows statements made by a deceased person to be admitted into evidence if the statement is made with the belief that death is imminent (the imminence requirement) and if it concerns the cause or circumstances that led to the person's death (the content requirement). Initially, this exception was only used in murder cases; however, in many jurisdictions the exception has extended to civil cases. Recently, some courts have used this exception when deciding whether statements made in a suicide note should be admitted into evidence. This thesis examines what role suicide notes should have within this exception, and if suicide, despite its contemplative nature, can meet the imminence requirement and the content requirement of dying declarations. Based on my research, I have concluded that under certain circumstances, a suicide note can meet both requirements, and therefore, fit within the dying declaration exception.

Author: S. K. Shanglo
Publisher:
ISBN: 9788185029870
Category : Evidence (Law)
Languages : en
Pages : 53

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Author: T. L. Venkatarama Aiyar
Publisher:
ISBN:
Category :
Languages : en
Pages : 238

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Author: Priyanshu Kumar
Publisher:
ISBN: 9781685094010
Category :
Languages : en
Pages : 0

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Book Description
Brillopedia can provide interesting articles about law, socio-legal and contemporary issues. Brillopedia is also providing a platform to publish articles from students, professionals and others. Brillopedia seeks to foster research and writing skills.

Author: Randy Singer
Publisher: Tyndale House Publishers, Inc.
ISBN: 1414341520
Category : Fiction
Languages : en
Pages : 400

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Thomas and Theresa Hammonds believe in tough love and old-fashioned discipline. They do not believe in doctors. When their controversial beliefs lead to personal tragedy, the Hammonds face heartbreaking loss, a crisis of faith—and a charge of negligent homicide by a relentless prosecutor. Defending Thomas and Theresa is freewheeling lawyer Charles Arnold. He believes in grace and mercy, but nothing in his colorful past has prepared him for the challenges of this shocking case, or for the dangerous conspiracy at its heart.

Author: B.B. Panda's
Publisher:
ISBN: 9788186976296
Category :
Languages : en
Pages : 320

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Book Description
Law relationg to Dying Declaretion, Reprint Foreword by Justice Arijit Pasayat Judge, Supreme Court of India