Dying Declaration, Judgments & Expert Evidence — KSLU Bsa Notes

Dying Declaration, Judgments & Expert Evidence

A dying declaration (S.26(a), ← IEA S.32(1)) — a statement by a person as to the cause of his death or the circumstances of the transaction resulting in death — is relevant even though the maker is not produced for cross-examination, on the principle nemo moriturus praesumitur mentire (“a dying person is not presumed to lie”). It need not be made under expectation of death (Indian law differs from English law), can be oral or written, and may alone sustain a conviction if found truthful and reliable (Khushal Rao; Laxman v. State of Maharashtra).

Opinion / expert evidence (Ss.39–45) is an exception to the rule that witnesses speak only to facts: when the court has to form an opinion on a point of foreign law, science, art, or identity of handwriting / finger impressions / electronic evidence, the opinions of experts are relevant, as are opinions on handwriting (S.47), digital signatures, and relationship.