Nemo moriturus praesumitur mentire – A man will not meet his maker (God) with a lie in his mouth, or, ‘no man at the point of death is presumed to lie.’
Meaning
Nemo moriturus praesumitur mentire is a Latin legal maxim which translates to:
“No man is presumed to lie at the point of death.”
or
“A man will not meet his maker (God) with a lie in his mouth.”
Explanation:
This principle is applied in law of evidence, particularly in cases involving dying declarations.
It presumes that a person who is facing imminent death is unlikely to falsify the truth, because of the fear of divine judgment or moral conscience.
Therefore, a statement made by a person believing they are about to die can be admissible as evidence in court, even if it would otherwise require corroboration.
Legal Principle
Dying Declaration under Indian Law:
Section 32(1) of the Indian Evidence Act, 1872:
“Statements made by a person as to the cause of his death, or as to any circumstances of the transaction resulting in his death, in cases in which the cause of that person’s death comes into question, are relevant, whether the person is deceased or not.”
These statements are treated as trustworthy, based on the maxim “nemo moriturus praesumitur mentire.”
Rationale:
It is unlikely that someone on the verge of death would lie or fabricate evidence, since they are about to face ultimate accountability.
Therefore, the law relaxes the usual requirement of cross-examination or corroboration in such cases.
Key Features of Dying Declarations
Must be made by the deceased person.
Person should believe death is imminent.
Statement can be oral or written.
Applies to both criminal and civil matters where the cause of death is relevant.
Can be made to anyone, not necessarily a magistrate.
Important Case Laws in India
Koppisetti Madhava Rao v State of Andhra Pradesh, AIR 1953 SC 114
Facts: The court held that a dying declaration is credible even if uncorroborated, provided it is made voluntarily and with belief in imminent death.
Principle: Reinforces the maxim nemo moriturus praesumitur mentire.
Bachan Singh v State of Punjab, AIR 1980 SC 898
Facts: Court observed that a dying declaration carries high evidentiary value, especially in murder cases.
Principle: The principle applies irrespective of the declarant’s age, provided they understand the gravity of death.
State of U.P. v Rajesh Gautam, AIR 2003 SC 1540
Facts: The Supreme Court held that even if there is slight inconsistency in a dying declaration, the core truth is presumed trustworthy.
Principle: Affirms that a person at the verge of death is unlikely to lie, supporting the maxim.
External / Comparative Law Perspective
English Law:
Dying declarations are admissible under common law, particularly in homicide cases (where the victim is unavailable to testify in court).
Principle: A person is unlikely to lie when facing imminent death.
US Law:
Under Federal Rules of Evidence, Rule 804(b)(2), dying declarations are an exception to hearsay rules.
Must be statement made while believing death is imminent and concerning the cause or circumstances of death.
Illustration
Suppose a victim of an assault, believing they will die, tells a witness:
“X attacked me with a knife.”
Even if the victim dies before trial, this statement is admissible as evidence due to nemo moriturus praesumitur mentire.
Summary
| Aspect | Explanation |
|---|---|
| Maxim | Nemo moriturus praesumitur mentire |
| Meaning | No man is presumed to lie at the point of death |
| Legal Relevance | Basis for admissibility of dying declarations |
| Indian Law | Sec 32(1), Indian Evidence Act, 1872 |
| Key Features | Must be made under belief of imminent death, can be oral or written |
| Leading Cases | Koppisetti Madhava Rao v AP, Bachan Singh v Punjab, State of UP v Rajesh Gautam |
| International Law | English common law and US Federal Rules allow dying declarations as hearsay exception |
✅ Conclusion:
This maxim underpins the principle that dying declarations are highly reliable. The law assumes moral and divine restraint prevents a person from lying at the point of death, making such statements admissible even without corroboration.
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