Dying Declarations; Assessing Its Probative Value under Legal Systems of United Kingdom, United States of America, India & Pakistan

Abstract

Evidence is regarded as an eye and ears of justice. Without apt appreciation of evidence justice can’t be dispersed spiritually. Evidence is vital for conducting both types of litigations either civil or criminal. Dying Declaration is considered as vivacious form of evidence as asserted by person himself. Research endeavors to understand the scope of the declaration's applicability as far as perquisites are concerned, its basis in criminal justice system along with its evidentiary worth for forming base for conviction. Recognition of Dying declaration in other criminal justice systems of developed countries is also taken into account for true understanding its efficacy and sanitizing the criminal justice system of Pakistan. Qualitative research methods i.e. available relevant provisions, research articles, case laws and literature available for other countries are studied in depth. Efforts are made to develop understandings about the cannons of recognition, acceptance and legitimacy of dying declaration as a valid piece of evidence. The multi-dimensional and diverse approaches of legal frameworks of stated countries are taken into consideration in context with admissibility of Dying Declaration, Declarant death & transactions causing the death, Competency of Declarant & to assess the probative value of deathbed Declaration.

Keywords: Criminal justice, Competency, Dying Declaration, Corroborative evidence, evidentiary value, Deathbed declaration & Conviction