Question

Meaning Of Nemo moriturus praesumuntur mentiri

• A. A dying man can never speak truth
• B. A dying man can never speak falsehood
• C. A dying man can speak truth
• D. A dying man may not speak falsehood

Hint:

This maxim is the key to understanding the concept of a dying declaration under Section 32(1) of the Indian Evidence Act. Remember that the law presumes a dying person tells the truth because they have no motive to lie.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
'Nemo moriturus praesumitur mentiri' is a legal maxim that provides the jurisprudential basis for the admissibility of a dying declaration as evidence, which is an exception to the rule against hearsay evidence.
Step 2: Detailed Explanation:
Let's break down the Latin phrase:
- Nemo: No one
- moriturus: who is about to die
- praesumitur: is presumed
- mentiri: to lie
The full translation is: "No one who is about to die is presumed to lie."
The principle is that a person on their deathbed, in the face of imminent death and meeting their maker, is unlikely to speak a falsehood. The solemnity of the occasion is believed to be a substitute for the sanction of an oath. This is the rationale behind Section 32(1) of the Indian Evidence Act, 1872, which makes a statement by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, a relevant fact.
Option (B) "A dying man can never speak falsehood" captures the essence of this maxim. It's a strong statement reflecting the legal presumption, even though in reality a dying declaration's truthfulness is still a matter for the court to weigh.