Nemo Moriturus Praesumntur Mentire: Dying Declaration under the Indian Evidence Act: An Analysis

The concept of the Dying declaration is based on the principle of Nemo Moriturus Praesumntur Mentire, which means the person who is going to die, or he is expecting that he is going to die will not lie at his deathbed. It is the settled principle that the person would not lie at the time of his death, and therefore the statement made by him at that point of time will be admissible although the same is the part of the hearsay evidence. The Dying declaration is the hearsay exception that everyone loves to hate. The dying declaration is an exception to the general rule against hearsay. The grounds of admission are first, the victim is generally the only principal eye-witness to the crime; secondly, a sense of impending death creates a sanction that is equal to an obligation of an oath. A man would not like to meet his maker with a lie in his mouth. The requirements of oath and cross-examination are dispensed with . Though a dying declaration is not recorded in the court and nor is it put to strict proof of cross-examination by the accused, still, it is admissible in evidence against the general rule that hearsay evidence is not admissible in evidence.