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Dying Declaration

A dying declaration, as per S.32(1), is a statement made by a person regarding the cause or circumstances of their death, which can be admissible as evidence despite the hearsay rule. The Supreme Court has established that such declarations must be corroborated and assessed based on individual case facts, with specific grounds for their admission including the death of the declarant and the sense of impending death. The reliability of a dying declaration is evaluated by considering various circumstances surrounding its making.

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25 views1 page

Dying Declaration

A dying declaration, as per S.32(1), is a statement made by a person regarding the cause or circumstances of their death, which can be admissible as evidence despite the hearsay rule. The Supreme Court has established that such declarations must be corroborated and assessed based on individual case facts, with specific grounds for their admission including the death of the declarant and the sense of impending death. The reliability of a dying declaration is evaluated by considering various circumstances surrounding its making.

Uploaded by

Yassar Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Dying Declaration—Acc to S.

32 (1), when the statement is made by a person as to the (i) Cause of


his death, or (ii) circumstances of the transaction which resulted in his death, in cases in which the
cause of his death is in question. S. 32 and 33 are exceptions to the general rule that hearsay
evidence is not admissible. Hearsay evidence is excluded on the ground that it is always desirable,
in the interests of justice, to get the person whose statement is relied upon. In Kusa Vs. St. of
Orissa, (1980) 2 S.C.C. 207, Supreme Court held that if a deceased fails to complete the main
sentence, a dying declaration would be unreliable. Grounds for Admitting Dying Declaration-3 - 1.
Death of the declarant; 2. Necessity_The victim being generally the only eye-witness to the crime
3. The sense of impending death, which creates a sanction equal to the obligation of an oath.
Ratan Gond Vs. State of U.P., A.I.R. 1964 S.C., held that a dying declaration cannot be proved,
unless the death of the person, who made the declaration is also proved. However, the
observation of their Lordships in Khusal Rao Vs. State laid down- of Bombay, (A.I.R. 1958 S.C. 22),
principles were: 1. It cannot be laid down as an absolute rule of law that a dying corroborated.
declaration cannot form the sole basis of conviction, unless it is 2. Each case must be determined
on its own facts, keeping in view the circumstances in which the dying declaration was made. • 3. It
cannot be laid down as a general proposition that a dying declaration is a weaker kind of evidence
than other piece of evidence. 4. A dying declaration stands on the same footing as any other piece
of evidence. 5. A dying declaration which has been recorded by a competent. 6. In order to test the
reliability of a dying declaration, the Court has to keep in view several circumstances, like the
opportunity of the dying man for observation, etc.

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