Law of Evidence

(Synopsis based Lecture 3)

Dying Declaration
Q. What is dying declaration? When is a dying declaration admissible in evidence? 15
Q. Discuss the essential element of dying declaration. Is the expectation of death necessary for the admissibility of
a dying declaration? Discuss. 15
SYNOPSIS
Introduction
 State the provision and define dying declaration in accordance to Section 32 (1)
 Briefly discuss the reasons for admissibility of dying declaration (necessity, nemo moriturus proesumitur
mentiri, etc.)
Body
Conditions to be satisfied for admissibility of dying declaration/Essential elements of dying declaration:
 A Statement may be written or verbal– Queen Empress v Abdullah (1885), Laxman v State of Maharashtra
(2002)
 Person making the statement must have died
 Statement must relate to cause of his death or circumstances of transaction which resulted in his death

(Ratan Gond v State of Bihar) (Pakla Narayan Swami v Emperor)

 The dying declaration must be complete – Abdul Sattar v State of Mysore (optional)
 Statement is relevant as dying declaration when cause of death is in question
Expectation of death is not necessary – Specifically mentioned in the section, Pakla Narayan Swamy v Emperor,
Sharda Birdhichand Sharda v State of Maharashtra.
Conclusion
Q. What is dying declaration? Discuss its evidentiary value alongwith relevant case laws.
SYNOPSIS
Introduction
State the provision and define dying declaration in accordance to Section 32 (1)
Briefly discuss the reasons for admissibility of dying declaration (necessity, nemo moriturus proesumitur mentiri,
etc.)
Body
 Evidentiary Value – Substantive piece of evidence (discuss it with the help of case laws – Ram Nath v State of
MP, Kaushal Rao v State of Bombay, Lallubhai v State of Gujarat)
 Provide the guidelines given by Supreme Court to decide upon reliability of dying declaration – (True and
voluntary, if doubtful then must be corroborated, consistency in dying declaration etc.)
Conclusion
Expert Opinion
Q. Who is an expert? When the expert opinion becomes relevant? Discuss its evidentiary value
SYNOPSIS
Introduction
 Briefly explain who is an expert with the help of case law.
 Mention the provision under which expert opinion becomes relevant.
 Briefly discuss the reason why expert opinion becomes relevant.
Body
Discuss the points on which expert opinion becomes relevant – Foreign law, Science or art etc. (Section 45)
Evidentiary Value – Not a Substantive piece of evidence, it is corroborative evidence (discuss with the help of case
laws like Murari Lal v State of UP, Kapildeo Mandal v State of Bihar etc.)
Conclusion
Character Evidence
Synopsis
Define character with the help of explanation to Section 55.
Relevancy of Character evidence in Civil cases
 Briefly State Section 52 – Character evidence (good or bad) not relevant.
Exceptions when character evidence relevant in civil cases
i. When character is itself a fact in issue
ii. When character is otherwise relevant
iii. Where character affects damages
Relevancy of Character evidence in Criminal cases
 Good Character relevant (S.53)
 Bad Character not relevant (S.54)
Circumstances in which bad character becomes relevant
i. When evidence of good character is submitted
ii. Explanation 1 to Section 54
iii. Explanation 1 to Section 55
Conclusion