Question

Admissibility of a dying declaration in Section 32 of the Evidence Act can be traced to which of the following legal maxims ?

• A. nunc pro tunc
• B. qui facit per alium facit per se
• C. volenti non fit injuria
• D. nemo mariturus presumuntur mentri

Answer 1

The Correct Option is D

The concept of a dying declaration is governed by Section 32 of the Evidence Act, which allows for the admissibility of statements made by a person who believes they are about to die, concerning the cause of their death. This admissibility is based on the legal maxim nemo mariturus presumuntur mentri, which translates to "a man will not meet his maker with a lie in his mouth." This principle rests on the belief that a person on their deathbed, aware of their impending death, is unlikely to lie. Therefore, their statements are considered trustworthy and can be used in legal proceedings.

To clarify the options:

• nunc pro tunc: A legal term that refers to something done now that applies retroactively to a prior time.
• qui facit per alium facit per se: This means "he who acts through another does the act himself," relating to vicarious liability.
• volenti non fit injuria: This principle indicates "to a willing person, no injury is done," focusing on consent as a defense.
• nemo mariturus presumuntur mentri: The correct maxim applicable to dying declarations, as explained above.