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Declaration Against Interest



Requisites
1. That the declarant is dead and unable to testify
2. That it relates to facts against the interest of the
   declarant
3. That at the time he made the said declaration the declarant
   was aware that the same was contrary to his aforesaid interest
4. That the declarant had no motive to falsify and he believed
   such actual declarant to be true.


Reason For Such Admission
1. Necessity – such declarations are the only mode of proof
   available
2. Trustworthiness – persons do not make statements that are
   disadvantageous to themselves without substantial reason
   to believe that the statements are true. Self-interest
   induces men to be cautious in saying anything against
   themselves. In other words, we can safely trust a man when
   he speaks against his interest.


Interest Covered
1. Proprietary interest
2. Penal interest
3. Pecuniary interest


The declarant must realize at the very time of making the
declaration that his declaration is against his interest,
that a reasonable man in his position would not have made
the declaration unless he believed it to be true.


It is essential that at the time of the statement, the
declarant’s interest affected thereby should be
actual/real/apparent not merely contingent, future or
unconditional, otherwise, the declaration would not in
reality be against interest.


Admission vs Declaration Against Interest
1. Admission
   An Admission need to be, although of course, it will
   greatly enhance its probative weight if it be so made.

   Declaration Against Interest
   The declaration against interest must have been made
   against the proprietary or pecuniary interest of the parties.

2. Admission
   Made by a party himself and is a primary evidence and competent
   though he be present in court and ready to testify.

   Declaration Against Interest
   Must have been made by person who is either deceased or unable
   to testify.

3. Admission
   Admission can be made anytime

   Declaration Against Interest
   The declaration against interest must have been made anti
   litem motam.


Declaration against interest distinguished from admission:
1. An admission is not necessarily against the interest of
   the admitter WHILE the declaration must be against the
   declarant's own interest
2. An admission may be received even if the admitter is
   alive WHILE the declarant must be dead or is unable to
   testify
3. An admission may be received in evidence only against the
   admitter and those identified with him in legal interest
   WHILE the declaration may be received even against third
   persons. (Smith v. Moore, 142 N.C. 277)


When declaration against interest received in evidence:
1. Against the declarant
2. Against his successors in interest and
3. Against third persons

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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