Evaluation of dying declaration - recent judicial perspectives

The principle on which dying declarations are admitted in evidence is indicated in the legal maxim - nemo moriturus praesumitur mentire - a man will not meet his maker with a lie in his mouth. These are declarations made in extremity when the party is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the mind induced by the most powerful considerations to speak the truth; a situation so solemn and serene that the law considers it an obligation to accept the veracity of the statement. Dying declarations have, thus, come to occupy an important position in the realm of law of evidence. It has been solely relied upon for the purposes of conviction. However, over the years, the Indian judiciary has sought to evolve various principles to govern the admissibility of dying declarations. The present article analyses the position of law with regard to dying declaration in India.