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KembaraXtra – Legal Terms – Law Society
The Law Society is the professional body representing solicitors in England and Wales, formally incorporated by royal charter in 1831. Its primary role is to support and promote the interests of solicitors by providing guidance, training, and professional resources, while also acting as a representative voice for the legal profession in dealings with government and other institutions.
Historically, the Law Society also exercised regulatory authority over solicitors, including admission, conduct, and discipline. However, since 2007, these regulatory responsibilities have been transferred to the independent Solicitors Regulation Authority. Today, the Law Society focuses more on advocacy, professional development, and maintaining standards across the legal profession.
The Law Society is the professional body representing solicitors in England and Wales, formally incorporated by royal charter in 1831. Its primary role is to support and promote the interests of solicitors by providing guidance, training, and professional resources, while also acting as a representative voice for the legal profession in dealings with government and other institutions.
Historically, the Law Society also exercised regulatory authority over solicitors, including admission, conduct, and discipline. However, since 2007, these regulatory responsibilities have been transferred to the independent Solicitors Regulation Authority. Today, the Law Society focuses more on advocacy, professional development, and maintaining standards across the legal profession.
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KembaraXtra – Legal Terms – Lay Days (Lying Days)
Lay days, also known as lying days, refer to the number of days agreed in a charterparty during which a charterer is allowed to load or unload cargo without incurring additional charges. These days begin once the ship becomes an “arrived ship,” meaning it has reached the designated berth or is otherwise at the disposal of the charterer.
If loading or unloading is completed within the agreed lay days, the charterer may even receive a reward known as dispatch money. However, if the lay days are exceeded, the charterer may be liable to pay demurrage, which is a form of compensation for the delay. Unless otherwise specified, lay days run continuously, including weekends and holidays.
Lay days, also known as lying days, refer to the number of days agreed in a charterparty during which a charterer is allowed to load or unload cargo without incurring additional charges. These days begin once the ship becomes an “arrived ship,” meaning it has reached the designated berth or is otherwise at the disposal of the charterer.
If loading or unloading is completed within the agreed lay days, the charterer may even receive a reward known as dispatch money. However, if the lay days are exceeded, the charterer may be liable to pay demurrage, which is a form of compensation for the delay. Unless otherwise specified, lay days run continuously, including weekends and holidays.
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KembaraXtra – Legal Terms – Laying an Information
Laying an information is the process of formally informing a magistrate about an alleged offence and identifying the suspected offender. This can be done either verbally or in writing and is typically carried out by the police, although any member of the public may do so.
This procedure allows the magistrate to take steps to bring the suspect before the court, such as issuing a summons or an arrest warrant. If an arrest warrant is required, the information must be given in writing and under oath. While minor defects in the information may not invalidate proceedings, serious flaws affecting the substance of the charge can result in dismissal.
Laying an information is the process of formally informing a magistrate about an alleged offence and identifying the suspected offender. This can be done either verbally or in writing and is typically carried out by the police, although any member of the public may do so.
This procedure allows the magistrate to take steps to bring the suspect before the court, such as issuing a summons or an arrest warrant. If an arrest warrant is required, the information must be given in writing and under oath. While minor defects in the information may not invalidate proceedings, serious flaws affecting the substance of the charge can result in dismissal.
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KembaraXtra – Legal Terms – Leader
A leader in legal practice refers to a Queen’s Counsel (now often called King’s Counsel) or, more generally, the senior barrister representing a party in court when two or more counsel are instructed. The leader is responsible for presenting the main arguments and strategy in the case.
In complex or high-value litigation, it is common for a legal team to include both a leader and one or more junior barristers. The leader typically handles the most significant aspects of advocacy, such as opening submissions and cross-examining key witnesses, while juniors assist with preparation and supporting arguments.
A leader in legal practice refers to a Queen’s Counsel (now often called King’s Counsel) or, more generally, the senior barrister representing a party in court when two or more counsel are instructed. The leader is responsible for presenting the main arguments and strategy in the case.
In complex or high-value litigation, it is common for a legal team to include both a leader and one or more junior barristers. The leader typically handles the most significant aspects of advocacy, such as opening submissions and cross-examining key witnesses, while juniors assist with preparation and supporting arguments.
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KembaraXtra – Legal Terms – Leader of HM Opposition
The Leader of HM Opposition is the head of the largest political party in the House of Commons that is not part of the government. This role is a formal constitutional position, recognized by statute, and carries both political and legal significance within the parliamentary system.
The Leader of the Opposition is responsible for holding the government to account, proposing alternative policies, and leading debate against the ruling party. The position is officially recognized and salaried, and any uncertainty about who holds the role is determined by the Speaker of the House of Commons.
The Leader of HM Opposition is the head of the largest political party in the House of Commons that is not part of the government. This role is a formal constitutional position, recognized by statute, and carries both political and legal significance within the parliamentary system.
The Leader of the Opposition is responsible for holding the government to account, proposing alternative policies, and leading debate against the ruling party. The position is officially recognized and salaried, and any uncertainty about who holds the role is determined by the Speaker of the House of Commons.
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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Declaration Against the Interest of the Maker (Section 26(c))
1. Basic Principle of Section 26(c)Under Section 26(c) of the Bharatiya Sakshya Adhiniyam, the law provides that:
A statement made by a person who is dead or unavailable is relevant if it is against his own interest, i.e., it:
2. Underlying Principle👉 A person would not normally make a statement against his own interest unless it is true.
3. Essential Conditions (Note Form)For admissibility under Section 26(c):
4. Types of Interests Covered
5. Illustration from Case LawIn Bhim Singh v Kan Singh:
6. Correlation with Section 19 (Important Note)Section 19 (Self-Serving Statements)
Exception via Section 26(c)
7. Evidentiary Value
8. Key Legal Principle👉 A declaration against interest is admissible because it is unlikely that a person would falsely make a statement detrimental to himself.
9. Purpose of Section 26(c)
10. Key Takeaways
One-Line Summary👉 Statements made by an unavailable person against his own pecuniary, proprietary, or legal interest are relevant and considered reliable evidence.
1. Basic Principle of Section 26(c)Under Section 26(c) of the Bharatiya Sakshya Adhiniyam, the law provides that:
A statement made by a person who is dead or unavailable is relevant if it is against his own interest, i.e., it:
- Affects his pecuniary or proprietary interest, OR
- Exposes him to civil or criminal liability
2. Underlying Principle👉 A person would not normally make a statement against his own interest unless it is true.
- Such statements are considered:
- Trustworthy and reliable
3. Essential Conditions (Note Form)For admissibility under Section 26(c):
- ✔ Unavailability of Maker
- Person must be:
- Dead or cannot be found
- Person must be:
- ✔ Personal Knowledge
- Maker must have:
- Direct knowledge of the facts
- Maker must have:
- ✔ Statement Against Interest
- Must:
- Harm his own:
- Financial (pecuniary) interest
- Property (proprietary) interest
- Legal position (civil/criminal liability)
- Harm his own:
- Must:
- ✔ Awareness
- Maker must:
- Know that statement is against his interest
- Maker must:
4. Types of Interests Covered
- Pecuniary Interest
- Financial loss or liability
- Proprietary Interest
- Ownership or property rights
- Legal Liability
- Exposure to:
- Civil or criminal consequences
- Exposure to:
5. Illustration from Case LawIn Bhim Singh v Kan Singh:
- Deceased admitted:
- Property was purchased in another’s name
- Intended to make him real owner
- Statement was:
- ✔ Against proprietary interest
- ✔ Therefore relevant evidence
6. Correlation with Section 19 (Important Note)Section 19 (Self-Serving Statements)
- Generally:
- ❌ Not admissible in favour of maker
Exception via Section 26(c)
- If statement:
- Is against interest
- ✔ Admissible:
- In favour of:
- Maker
- Representative
- Third parties
- In favour of:
7. Evidentiary Value
- ✔ Treated as:
- Substantive evidence
- It carries:
- Inherent reliability
8. Key Legal Principle👉 A declaration against interest is admissible because it is unlikely that a person would falsely make a statement detrimental to himself.
9. Purpose of Section 26(c)
- Recognizes:
- Statements made under:
- Natural human conduct
- Statements made under:
- Provides:
- Reliable evidence when:
- Maker is unavailable
- Reliable evidence when:
10. Key Takeaways
- Section 26(c) deals with:
- Statements against interest
- Conditions:
- Personal knowledge
- Awareness of prejudice
- Value:
- ✔ Highly reliable
- ✔ Substantive evidence
One-Line Summary👉 Statements made by an unavailable person against his own pecuniary, proprietary, or legal interest are relevant and considered reliable evidence.
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Malaysian Contract Law – How did British intervention shape the legal system, and what are its implications today?
Q: How did the arrival of the British influence the development of contract law in Malaysia, and what is the practical and critical impact of this development?
A: The arrival of the British marked a significant تحول (transformation) in Malaysia’s legal system. Before this period, there was no structured or uniform legal framework. However, the British introduced a more organised legal system based on their own model of governance and law.
This development was largely driven by economic and political motives—an orderly legal system was necessary to support trade, administration, and colonial control. As a result:
Practical Application in Real Life:
Critical Analysis:
Q: How did the arrival of the British influence the development of contract law in Malaysia, and what is the practical and critical impact of this development?
A: The arrival of the British marked a significant تحول (transformation) in Malaysia’s legal system. Before this period, there was no structured or uniform legal framework. However, the British introduced a more organised legal system based on their own model of governance and law.
This development was largely driven by economic and political motives—an orderly legal system was necessary to support trade, administration, and colonial control. As a result:
- Formal laws were introduced across various areas, including contract law.
- A structured legal framework began to replace informal customary practices.
- Over time, a well-established legal system emerged in different parts of Malaysia.
- Different states adopted different laws at different times.
- This led to a lack of uniformity in legal development across the country.
Practical Application in Real Life:
- Structured contracts: Modern contracts in Malaysia follow clear legal principles introduced during the British period, such as offer, acceptance, and enforceability.
- Business confidence: The existence of a formal legal system encourages both local and foreign investment, as parties can rely on legal enforcement.
- Legal institutions: Courts, legal procedures, and documentation practices today stem from this British-influenced system.
- Cross-state uniformity: The eventual extension of the Contracts Act 1950 ensures that businesses can operate under a largely consistent legal framework across Malaysia.
Critical Analysis:
- Colonial motivation: The legal system was introduced primarily to serve British economic and political interests, not necessarily local needs.
- Fragmented beginnings: The staggered introduction of laws created inconsistencies that took years to resolve.
- Enduring common law influence: Malaysian contract law still relies heavily on English common law, which may not always reflect local customs or societal values.
- Positive legacy: Despite its origins, the British system introduced key elements such as legal certainty, codification, and the doctrine of precedent, which are essential for modern commerce.
- Need for localisation: There is ongoing debate about whether Malaysian law should evolve further to better reflect local conditions rather than relying on inherited principles.
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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Consideration of Confession Affecting Co-Accused (Section 24)
1. Basic Rule
2. Important Clarification
3. Essential ConditionsAll must be satisfied:
4. When Not Applicable
5. Nature of Evidence
6. Judicial View
7. Key Principles
8. “Tried Jointly” – Meaning
9. “Same Offence” – Meaning
10. Explanation II (Important Addition)
11. Practical Illustration
12. Key Takeaways
One-Line Summary👉 Section 24 allows the court to consider a co-accused’s confession in joint trials, but only as weak corroborative evidence—not as substantive proof.
KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Consideration of Confession Affecting Co-Accused (Section 24)
1. Basic Rule
- When:
- Two or more persons are jointly tried, and
- One accused makes a confession implicating himself and others
- The maker, and
- The co-accused
2. Important Clarification
- Confession of co-accused is:
- Not substantive evidence
- Only a supporting circumstance
3. Essential ConditionsAll must be satisfied:
- Joint Trial
- More than one accused tried together
- Same Offence
- Must be identical offence (not merely same kind)
- Confession Must Implicate Both
- Must affect:
- The maker, and
- The co-accused
- Must affect:
- Confession Must Be Proved
- Properly proved before court
4. When Not Applicable
- If accused are not jointly tried
- If offences are different
- If confession implicates only others, not maker
5. Nature of Evidence
- Confession of co-accused:
- Not evidence in strict sense
- Only additional assurance
6. Judicial View
- In Kashmira Singh v State of M.P.:
- Confession of co-accused = weak type of evidence
- Cannot be sole basis of conviction
7. Key Principles
- Cannot replace independent evidence
- Must be used with great caution
- Only to lend support to other evidence
8. “Tried Jointly” – Meaning
- Must be part of same trial proceedings
- If one accused tried earlier and others later → ❌ Not applicable
9. “Same Offence” – Meaning
- Must be identical offence
- Not just same nature or punishment
10. Explanation II (Important Addition)
- Even if:
- One accused absconds, or
- Does not respond to proclamation
11. Practical Illustration
- A and B tried together
- A confesses: “B and I committed murder”
- Consider it against B
- But cannot convict B only on this basis
12. Key Takeaways
- Confession of co-accused = weak corroborative material
- Cannot be sole basis of conviction
- Requires independent supporting evidence
One-Line Summary👉 Section 24 allows the court to consider a co-accused’s confession in joint trials, but only as weak corroborative evidence—not as substantive proof.
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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Admissions Not Conclusive Proof, but May Estop (Section 25)
1. Core Principle
2. Meaning Explained
3. Legal Effect
4. Illustration (Simple Understanding)
5. Link with Estoppel
6. Key Takeaways
KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Statements by Persons Who Cannot Be Called as Witnesses1. General Idea
2. Legal Provision
3. Principle
4. Nature of Evidence
5. Key Takeaway👉 Even though a person cannot be called as a witness, their statements may still be admitted under Sections 26 & 27 to ensure justice is not defeated.
1. Core Principle
- Admissions are relevant evidence but not conclusive proof
- Court is not bound to accept an admission as final truth
- However, admissions may create estoppel against the maker
2. Meaning Explained
- Not conclusive proof:
- Admission alone does not finally decide the issue
- Court can still examine other evidence
- May operate as estoppel:
- Person making the admission may be prevented (estopped) from denying it later
- Especially when the other party has relied on it
3. Legal Effect
- Admission = strong evidence, but not final
- Court may:
- Accept it, or
- Reject it if disproved or explained
- But the maker:
- May be barred from contradicting his own statement
4. Illustration (Simple Understanding)
- A admits owing ₹10,000 to B
- Court will consider this as important evidence
- But A can still:
- Prove that admission was mistaken, false, or made under pressure
- However, if B relied on it:
- A may be estopped from denying it later
5. Link with Estoppel
- Admission → evidence rule
- Estoppel → rule of fairness (equity)
- Estoppel prevents:
- Inconsistent positions
- Unfair denial of earlier statements
6. Key Takeaways
- Admission ≠ final proof
- It is persuasive but not binding on court
- It can still bind the party who made it (through estoppel)
KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Statements by Persons Who Cannot Be Called as Witnesses1. General Idea
- Normally, evidence must come from witnesses in court
- But sometimes, a person:
- Dies
- Cannot be found
- Is incapable of giving evidence
2. Legal Provision
- Sections 26 & 27 deal with such situations
3. Principle
- Statements of such persons are allowed:
- Due to necessity
- To prevent failure of justice
4. Nature of Evidence
- These statements are:
- Exceptions to hearsay rule
- Treated as relevant facts
5. Key Takeaway👉 Even though a person cannot be called as a witness, their statements may still be admitted under Sections 26 & 27 to ensure justice is not defeated.
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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Cases in Which Statement of Relevant Fact by Person Who is Dead or Cannot Be Found, etc., is Relevant (Section 26)
1. Basic Principle of Section 26
Section 26 deals with situations where a statement made by a person becomes relevant even though that person cannot be produced before the court.
Normally, evidence must be direct and the maker of the statement should appear in court for examination and cross-examination. However, Section 26 creates an exception where the maker is:
2. Scope of Section 26
Section 26 is based on two principles:
(i) NecessityThe maker of the statement is unavailable, so the court allows the statement to avoid failure of justice.
(ii) ReliabilityCertain statements are considered naturally trustworthy because of the circumstances in which they were made.
3. Categories of Statements under Section 26
Section 26 recognizes the following types of statements:
(a) Dying DeclarationStatements relating to:
(b) Statements in Course of BusinessStatements made in the ordinary course of business or professional duty.
Examples:
(c) Statements Against Interest
Statements are relevant when they are against the maker’s:
(d) Statements as to Public Right or Custom
Statements expressing opinion about:
(e) Statements Relating to Relationship
Statements about relationship by:
(f) Statements in Wills, Deeds, Pedigrees, Tombstones, etc.
Statements relating to relationship between deceased persons are relevant when contained in:
(g) Statements in Documents Relating to Transactions
Statements contained in deeds, wills, or other documents relating to transactions under Section 11(a) are relevant.
(h) Statements by Several Persons Expressing Feelings
Statements made by a group of persons expressing common feelings or impressions are relevant when connected to the matter in issue.
A. Dying Declaration1. Meaning of Dying Declaration
A dying declaration is a statement made by a person about:
2. Rationale
The principle is expressed in the maxim:
“Nemo moriturus praesumitur mentiri”Meaning:
A person who is about to die is not presumed to lie.
The law assumes that a person facing death is unlikely to make a false statement. Since the victim may be the only direct witness, excluding such a statement may defeat justice.
3. Important Features
4. “Verbal” is Wider than “Oral”
A dying declaration need not always be spoken.
In Queen Empress v Abdullah, the deceased could not speak because her throat was cut. She answered questions through gestures. The court held that signs and gestures can amount to a verbal statement.
Thus:
5. Mode of Making Dying Declaration
A dying declaration may be made:
6. Who May Record a Dying Declaration
A dying declaration may be recorded by:
In State of Jharkhand v Shailendra Kumar Rai, the Supreme Court held that a dying declaration does not become inadmissible merely because it was recorded by a police officer.
7. Form of Recording
There is no fixed legal form.
Preferably, it should be:
8. Evidentiary Value
A dying declaration is substantive evidence.
It may form the sole basis of conviction if the court is satisfied that it is:
9. Key Principles on Dying Declaration(i) Sole Basis of Conviction
In Khushal Rao v State of Bombay, the Supreme Court held that a reliable dying declaration can form the sole basis of conviction without corroboration.
(ii) If Victim SurvivesIf the maker survives, the statement is no longer a dying declaration. It may be used only for contradiction or corroboration.
(iii) Incomplete Dying DeclarationAn incomplete dying declaration may still be relied upon if it clearly identifies the accused and the cause of death.
(iv) Multiple Dying DeclarationsWhere there are several dying declarations, each must be examined independently. If inconsistencies are material, the court must act cautiously.
(v) VideographyVideography is a precautionary measure. Absence of videography does not automatically invalidate the dying declaration.
10. Multiple Dying Declarations – Note Form
When there are multiple dying declarations, the court should examine:
11. Interested Witnesses
Evidence of interested witnesses is not automatically rejected. However, it must be carefully scrutinized.
If reliable and credible, it can be accepted. If doubtful, corroboration may be required.
12. Key Takeaways
One-Line Summary👉 Section 26 allows statements of unavailable persons to be admitted in special cases, especially dying declarations, where necessity and reliability justify departure from the ordinary rule of direct evidence.
1. Basic Principle of Section 26
Section 26 deals with situations where a statement made by a person becomes relevant even though that person cannot be produced before the court.
Normally, evidence must be direct and the maker of the statement should appear in court for examination and cross-examination. However, Section 26 creates an exception where the maker is:
- Dead
- Cannot be found
- Incapable of giving evidence
- Unable to attend without unreasonable delay or expense
2. Scope of Section 26
Section 26 is based on two principles:
(i) NecessityThe maker of the statement is unavailable, so the court allows the statement to avoid failure of justice.
(ii) ReliabilityCertain statements are considered naturally trustworthy because of the circumstances in which they were made.
3. Categories of Statements under Section 26
Section 26 recognizes the following types of statements:
(a) Dying DeclarationStatements relating to:
- Cause of death, or
- Circumstances of the transaction resulting in death
(b) Statements in Course of BusinessStatements made in the ordinary course of business or professional duty.
Examples:
- Diary entries
- Business records
- Medical reports
- Acknowledgments of receipt
- Commercial documents
(c) Statements Against Interest
Statements are relevant when they are against the maker’s:
- Pecuniary interest
- Proprietary interest
- Civil liability
- Criminal liability
(d) Statements as to Public Right or Custom
Statements expressing opinion about:
- Public rights
- Customs
- Matters of general or public interest
(e) Statements Relating to Relationship
Statements about relationship by:
- Blood
- Marriage
- Adoption
(f) Statements in Wills, Deeds, Pedigrees, Tombstones, etc.
Statements relating to relationship between deceased persons are relevant when contained in:
- Wills
- Deeds
- Family pedigrees
- Tombstones
- Family portraits
(g) Statements in Documents Relating to Transactions
Statements contained in deeds, wills, or other documents relating to transactions under Section 11(a) are relevant.
(h) Statements by Several Persons Expressing Feelings
Statements made by a group of persons expressing common feelings or impressions are relevant when connected to the matter in issue.
A. Dying Declaration1. Meaning of Dying Declaration
A dying declaration is a statement made by a person about:
- The cause of his death, or
- The circumstances of the transaction resulting in his death
2. Rationale
The principle is expressed in the maxim:
“Nemo moriturus praesumitur mentiri”Meaning:
A person who is about to die is not presumed to lie.
The law assumes that a person facing death is unlikely to make a false statement. Since the victim may be the only direct witness, excluding such a statement may defeat justice.
3. Important Features
- It may be oral, written, or by signs/gestures
- It need not be made in expectation of death
- It may be used in civil or criminal proceedings
- It is an exception to hearsay evidence
- It can be the sole basis of conviction if reliable
4. “Verbal” is Wider than “Oral”
A dying declaration need not always be spoken.
In Queen Empress v Abdullah, the deceased could not speak because her throat was cut. She answered questions through gestures. The court held that signs and gestures can amount to a verbal statement.
Thus:
- Oral = spoken by mouth
- Verbal = words, signs, gestures, or any clear communication
5. Mode of Making Dying Declaration
A dying declaration may be made:
- Orally
- In writing
- By gestures
- By nods
- By signs
- Through any definite communication
6. Who May Record a Dying Declaration
A dying declaration may be recorded by:
- Magistrate
- Doctor
- Police officer
- Any person present
In State of Jharkhand v Shailendra Kumar Rai, the Supreme Court held that a dying declaration does not become inadmissible merely because it was recorded by a police officer.
7. Form of Recording
There is no fixed legal form.
Preferably, it should be:
- In question-and-answer form
- In the exact words of the maker
- In the language of the maker
- Recorded after ensuring mental fitness
8. Evidentiary Value
A dying declaration is substantive evidence.
It may form the sole basis of conviction if the court is satisfied that it is:
- Voluntary
- Truthful
- Consistent
- Free from tutoring
- Made by a person in fit mental condition
9. Key Principles on Dying Declaration(i) Sole Basis of Conviction
In Khushal Rao v State of Bombay, the Supreme Court held that a reliable dying declaration can form the sole basis of conviction without corroboration.
(ii) If Victim SurvivesIf the maker survives, the statement is no longer a dying declaration. It may be used only for contradiction or corroboration.
(iii) Incomplete Dying DeclarationAn incomplete dying declaration may still be relied upon if it clearly identifies the accused and the cause of death.
(iv) Multiple Dying DeclarationsWhere there are several dying declarations, each must be examined independently. If inconsistencies are material, the court must act cautiously.
(v) VideographyVideography is a precautionary measure. Absence of videography does not automatically invalidate the dying declaration.
10. Multiple Dying Declarations – Note Form
When there are multiple dying declarations, the court should examine:
- Whether each statement was voluntary
- Whether the maker was mentally fit
- Whether inconsistencies are material
- Whether statements are supported by medical evidence
- Whether one statement is more reliable than another
- Whether the declaration recorded by Magistrate appears trustworthy
11. Interested Witnesses
Evidence of interested witnesses is not automatically rejected. However, it must be carefully scrutinized.
If reliable and credible, it can be accepted. If doubtful, corroboration may be required.
12. Key Takeaways
- Section 26 is an exception to the rule against hearsay
- It applies when the maker is unavailable
- Dying declaration is the most important category under this section
- A dying declaration may be oral, written, or by gestures
- It can form the sole basis of conviction if reliable
- Courts must examine voluntariness, truthfulness, fitness, and absence of tutoring
One-Line Summary👉 Section 26 allows statements of unavailable persons to be admitted in special cases, especially dying declarations, where necessity and reliability justify departure from the ordinary rule of direct evidence.