A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act, 1872. It alone can also form the basis for conviction if it has been made voluntarily and inspires confidence. If there are contradictions, variations, creating doubts about its truthfulness, affecting its veracity and credibility or if the dying declaration is suspect, or the accused is able to create a doubt not only with regard to the dying declaration but also with regard to the nature and manner of death, the benefit of doubt shall have to be given to the accused. Therefore much shall depend on the facts of a case. There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration.
On reaching the hospital, the Magistrate should verify the particulars of the person who is expected to give the declaration. Then he should inform the intended declarant that he is a Magistrate and that he would record the declaration. The name and other particulars should be noted as given by the declarant.
“Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his mouth” – Is the […]
Though under Section 133 of the Evidence Act, it is not illegal to convict a person on the uncorroborated testimony of an accomplice, illustration (b) to Section 114 of the Act, lays down as a rule of prudence based on experience, that an accomplice is unworthy of credit unless his evidence is corroborated in material particulars and this has now been accepted as a rule of law.
Although a dying declaration recorded by a Police Officer during the course of the investigation is admissible under Section 32 of the Indian Evidence Act is view of the exception provided in sub section (2) of Section 162 of the Code of Criminal Procedure, 1973, it is better to leave such dying declarations out of consideration until and unless the prosecution satisfies the court as to why it was not recorded by a Magistrate or by a Doctor.
AIR 2001 SC 2383 : (2001) 3 SCR 777 : (2001) 6 SCC 118 : JT 2001 (5) SC 280 : (2001) 4 SCALE 241 : (2001) CriLJ SC 3302 (SUPREME COURT […]
A dying declaration made to a police officer is admissible in evidence, however, the practice of dying declaration being recorded by Investigating Officer has been discouraged
A dying declaration made to a police officer is admissible in evidence, however, the practice of dying declaration being recorded by Investigating Officer has been discouraged and this Court has urged the […]
A dying declaration not being a deposition in Court, neither made on oath nor in the presence of the accused and therefore not tested by cross-examination is yet admissible in evidence as […]
Explanation : “Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his mouth”
LAW LIBRARY Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his mouth” – […]
KEYWORDS: Dying declaration- AIR 1993 SCW 1321 : (1993) CriLJ SC 1635 : JT 1993 (2) SC 559 : (1993) 2 SCALE 214 : (1993) 2 SCC 684 : (1993) 2 SCR […]
KEYWORDS:- Dying declaration AIR 1992 SC 1817 : (1992) 2 SCR 197 : (1992) 2 SCC 474 : JT 1992 (4) SC 397 : (1992) 1 SCALE 655 : (1992) CriLJ SC 2919 […]