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The IUP Journal of Law Review

Admissibility of Dying Declaration as Evidence: The Case of Pakistan

Article Details

Pub. Date	: Oct' 2021
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR31021
Author Name	: Afrasiab Ahmed Rana*
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 9

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Abstract

It is a well-settled principle of law that a dying man does not lie. A statement of a dying person as to the cause or transaction causing his death is dying declaration within the meaning of Article 46(1) of Qanun-e-Shahadat, 1984. A dying declaration is admissible in evidence in Pakistan, though subject to some critical test for admissibility. It is considered to be a corroborative piece of evidence, if it qualifies all the tests of credibility. This paper discusses the admissibility of dying declaration in the legal system of Pakistan and test of credibility of that dying declaration in purview of judicial dicta of superior courts of Pakistan.

Introduction

It is presumed that a dying person does not lie, thus falsehood cannot be attached to a statement rendered by a person dying.

Oral evidence must be direct and only direct-this is the general principle of law of evidence. Dying declaration, coupled with many others, is an exception to the aforementioned rule of evidence. Admissibility of dying declaration is based upon rule of necessity as the exclusion of his statement might defeat the ends of justice.

Though the admissibility of dying declaration is controversial, it is widely accepted as a valid piece of evidence by British, American, Indian, Pakistan and all other major legal systems of the modern world.

A dying declaration may be defined as
A statement made by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death.1

This definition may also be extended as

A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.2