SHATAXI AMICUS LEX

  INTRODUCTION The principle of Nemo Moriturns Prasumitus Mennre dictates that no person shall be presumed to lie as to the consequences or circumstances of their death, at the time of their death. The palpable feeling impending death, produces a virtuous effect similar to an individual under oath. This is the prime philosophy to be considered when talking about the admissibility of Dying Declaration in a Court of Law. However, in the recent case of death of saint Narendra Giri , the point of whether the circumstances surrounding the death can be attributed to dying declaration becomes moot. We shall look at whether the peculiar intricacies of the situation which led to the death of the saint can be considered under the umbrella of Dying Declaration.  Moreover, when we consider the rights of a person to a dignified death, it should be a practice that an individual shall be left alone in the realm of their afterlife and the cause and circumstance of their death, if at their ow...

Introduction The principle of fair conviction and appropriate sentencing requires a reasonable and pertinent time for pre-sentence hearing. Various judicial precedents demonstrate the appellate courts’ efforts to maintain a balance between two fundamental rights: the  Right to a Fair Trial  and the  Right to a Speedy Trial . While procedural safeguards such as pre-sentence hearings protect the accused’s rights, these provisions may also be misused to unduly delay the trial process. Fortunately, experienced judges in India possess the expertise to distinguish between legitimate requests for time and tactics aimed at protracting trials, thereby safeguarding the rights of the accused without compromising the integrity of the judicial process. The Right to Pre-Sentence Hearing The Supreme Court of India affirmed the right to pre-sentencing in  Bachan Singh v. State of Punjab (1980)  and numerous subsequent rulings. This practice aligns with the common law traditio...