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Dying Declarations in Pakistan and India: A Case Law Study of their Evidentiary Value


Article Information

Title: Dying Declarations in Pakistan and India: A Case Law Study of their Evidentiary Value

Authors: Shahbaz Ahmad Cheema, Samee Ozair Khan

Journal: Pakistan Journal of Social Sciences (PJSS)

HEC Recognition History
Category From To
Y 2024-10-01 2025-12-31
Y 2023-07-01 2024-09-30
Y 2022-07-01 2023-06-30
Y 2021-07-01 2022-06-30
Y 2020-07-01 2021-06-30
Y 1900-01-01 2005-06-30

Publisher: Bahauddin Zakariya University, Multan

Country: Pakistan

Year: 2013

Volume: 33

Issue: 1

Language: English

Keywords: Dying Declaration; Evidentiary Value; Pakistan; India; Case law

Categories

Abstract

The paper analyses the evidentiary value of one the most importantpieces of evidence, i.e. dying declaration. It catalogues the basicprinciples in this regard as pronounced by the Superior Courts ofPakistan. There are also a few references to the Indian cases as the lawapplicable in the both jurisdictions is similar on this point. It has beenheld in these jurisdictions time and again that uncorroborated dyingdeclaration can be relied upon for conviction if it is proved to betrustworthy and genuine, and the necessity of corroboration would onlyarise in those circumstances in which a court’s conscience is notsatisfied as to its genuineness. The paper also seeks to elaborateevidentiary value of dying declarations in different situations which areof recurring nature in criminal trials. These situations are dyingdeclarations contained in F.I.R., statements of deceased persons madeto Police before their death, and more than one dying declaration bythe same declarant.


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