nemo moriturus praesumitur mentire
The maxim explains why a dying declaration, which is hearsay, is admitted in evidence: a person facing death is thought to have no motive to lie. In India a statement by a person as to the cause of his death or the circumstances of the transaction resulting in it is relevant when the cause of death is in question.
Indian law is wider than English law: the declarant need not have been under expectation of death when speaking, and the statement is admissible in civil as well as criminal cases. A dying declaration can alone found a conviction if the court is satisfied it is true and voluntary; corroboration is not a rule of law.
Example
Relying on nemo moriturus praesumitur mentire, the court accepted the burns victim's statement to the magistrate naming her husband.
In Indian law
- Section 26(a), BSA, 2023 (old s.32(1) Evidence Act)
- Khushal Rao v. State of Bombay, 1957 INSC 79: conviction may rest on a dying declaration alone
- Pakala Narayana Swami v. Emperor (Privy Council, 1939): meaning of circumstances of the transaction
See also
dying declaration · hearsay · corroboration
Read more in the study notes
- Dying declarations (section 26(a)) (Bharatiya Sakshya Adhiniyam)