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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Difference Between English Law and Indian Law as to Dying Declaration
1. Expectation of Death
2. Nature of Proceedings
3. Purpose of Statement
4. Scope
Quick Revision Line👉 Indian law is broader: no need for expectation of death + wider scope + applicable in all proceedings.
1. Expectation of Death
- English Law:
- Must be made under expectation of death
- Indian Law:
- Expectation of death not required (immaterial)
2. Nature of Proceedings
- English Law:
- Admissible only in criminal cases
- Mainly in homicide/manslaughter
- Indian Law:
- Admissible in both civil and criminal proceedings
3. Purpose of Statement
- English Law:
- Limited to cause of death only
- Indian Law:
- Covers:
- Cause of death, and
- Circumstances leading to death
- Covers:
4. Scope
- English Law:
- Applies mainly to homicidal deaths
- Indian Law:
- Applies to both homicidal and suicidal deaths
Quick Revision Line👉 Indian law is broader: no need for expectation of death + wider scope + applicable in all proceedings.
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