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All judicial systems, world-over, have barred the admission of hearsay evidence, because to act upon hearsay evidence is risky as it does not provide any medium or instrument like cross-examination to test the truthfulness, falsity or reliability of this type of evidence. Evidence in the nature of the statement of the deceased i.e. dying declaration made about the circumstances in which his death resulted also falls in the category of hearsay evidence. Hence, any such statement of the deceased as such remains irrelevant and inadmissible in evidence, but out of necessity a compulsion arises to meet a peculiar situation which has made this type evidence, namely dying declaration, relevant and therefore admissible by creating an exception to the general rule against admissibility of hearsay evidence. Hence, if his statement about the circumstances in which his death occurred is not admitted in evidence during criminal trial, then the only evidence of crime would be lost and as a consequence, the offender would go scotfree and thus cause miscarriage of justice. It is derived from a belief or enunciation in its favour on the basis that the dying man's deep faith in his religion would not allow lies on his lips, while he is dying and when he knows that he is soon to meet his Maker, i.e., God. The earliest judicial pronouncement making dying declaration admissible in evidence inspite of its being in the nature of hear-say evidence is found in the case of King Versus William Woodcock, (J 789) I Leach, 500. Judge Eyre, Chief Baron laid down as under: -"The general principles on which this species of evidence is admitted, is that they are declarations made in extremity when the party is at the point of death and when every hope in this world is gone. When every motive to falsehood is silent and the mind is induced by the most powerful consideration to speak the truth, a situation so solemn, and so awful is considered by the law as creating obligation equal to that which is imposed by a positive oath administered in a Court of justice.
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Text Practice - Time 472 - English

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