Sakshi Priya, School of Law and Governance, Central University of South Bihar
''A person, who is about to die, would not lie'', '' Truth sits on the lips of a person who is about to die''- Mathew Arnold.
ABSTRACT
A "dying declaration" is a statement a person makes in his final moments regarding the events and information that finally caused him to pass away. Section 26(a) of the Bhartiya Shakshya Adhiniyam 2023, has given these kinds of declarations a weight of their own, even though it is hearsay evidence, paving the way for justice to prevail. The law holds that no untruth can be placed on the lips of a dying man. A deathbed declaration is a crucial piece of documentation. Documenting a final will and testament is crucial. Its entire worth is retained if it is appropriately recorded by the appropriate person while keeping in mind the vital components of the dying declaration. If any item in the dying proclamation is missing, it raises suspicions, and those who commit crimes are likely to profit from its flaws.
Keywords: Bhartiya Shakshya Adhiniyam 2023, Dying declaration, Evidentiary value, Admissibility
