Dying Declaration

6938 Words Dec 29th, 2011 28 Pages
CHAPTER 1
RESEARCH SCHEME
Introduction:
A dying declaration is a statement made by a dying person as to the cause of his death or as to any circumstances of the transaction that resulted in his death. It is evidence under Section 32 (1) of Indian Evidence Act,1872. This section is an exception to the general rule that hearsay evidence is no evidence
In this paper, the researcher will explore these facets namely – the scope and application of section 32 (1), the method of giving and recording a dying declaration and its evidenciary value by examining its interpretation by courts.
Material examined:
The researcher has used the bare act of the Indian Evidence Act of 1872, and thereby used the various commentaries by eminent jurists and legal
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1.1 Section 32 (1) of Indian Evidence Act.
Sub-section (1) of Section 32 of the Evidence Act, any statement, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, would constitute relevant facts. If as a result thereof, the Court is satisfied that the statement made by a person who is now dead is relevant, the same becomes admissible in terms of sub-section (1) of 32 section of the Evidence Act. The second Para of the sub section makes it abundantly clear that the statement is admissible in civil as well as criminal proceedings and it is not necessary that the Person making the statement should be apprehending death at the time of making the statement. Thus, it is apt to say that admissibility of Dying declaration is explained in the section 32 (1) of Indian Evidence Act.

The Hon’ble Apex Court in P.Mani vs. State of T.N. reported in has held as follows:
“Indisputably conviction can be recorded on the basis of the dying declaration alone but therefore the same must be wholly reliable. In a case where suspicion can be raised as regards the correctness of the dying declaration, the
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