Group 4 Created with Sketch.
Your changes have been saved
Episode 3 of 42

What is the meaning of Dying Declaration and how reliable is it considered by the Courts?

Share
station description This show talks about the general legal news and affairs taking place in India as w... read more
Legal Talks by Desikanoon
Duration: 16:56
Meaning of Dying Declaration Indian Laws do not provide a definition of dying declaration but the same could be understood by perusing a Law Dictionary. Before adverting any further, an earlier post by me in relation to credibility of dying declaration could also be perused. Black’s Law Dictionary (
Snippets are a new way to share audio!
You can clip a small part of any file to share, add to playlist, and transcribe automatically. Just click the to create your snippet!
Snippets: Clips of What is the meaning of Dying Declaration and how reliable is it considered by the Courts? that people like
There are currently no snippets from What is the meaning of Dying Declaration and how reliable is it considered by the Courts?.
Snippets are an easy way to highlight your favorite soundbite from any piece of audio and share with friends, or make a trailer for Legal Talks by Desikanoon
Playlists that What is the meaning of Dying Declaration and how reliable is it considered by the Courts? appears on.
There are currently no playlists containing this audio.
Add this audio track to one of your playlists
Add to Playlist
Up Next
Full Description
Back to Top
Meaning of Dying Declaration Indian Laws do not provide a definition of dying declaration but the same could be understood by perusing a Law Dictionary. Before adverting any further, an earlier post by me in relation to credibility of dying declaration could also be perused. Black’s Law Dictionary (8th Edition) defines ‘dying declaration’ as under: - “A statement by a person who believes that death is imminent, relating to the cause or circumstances of the person’s impending death.The statement is admissible in evidence as an exception to the hearsay rule.” The relevant provision of law in this regard is Section 32 of the Indian Evidence Act, 1872, which reads as under: - “Statements, 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, are themselves relevant facts in the following cases: --(1) when it relates to cause of death. - When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.……..” Important Judicial Precedents in relation to Reliability of Dying Declaration K. Ramachandra Reddy v. Public Prosecutor, (1976) 3 SCC 618 – Once the court is satisfied that the dying declaration is true and voluntary it can be sufficient to found the conviction even without any further corroboration. Khushal Rao v. State of Bombay, AIR 1958 SC 22 – In this case, some important postulates were laid down with respect to reliability of dying declarations: - 1. There cannot be an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated and that is a weaker kind of evidence. 2. Each case is to be judged on its own merits and circumstances. 3. Dying declaration stands on the same footing as another piece of evidence and has to be judged in light of the circumstances. 4. “A dying declaration which has been recorded by a competent Magistrate in the proper manner, that is to say, in the form of questions and answers, and, as far as practicable, in the words of the maker of the declaration, stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character.” 5. The circumstances like the opportunity of the dying man for observation, whether the statement has been consistent throughout if he had several opportunities of making a dying declaration apart from the official record of it and whether the statement had been made at the earliest opportunity and was not the result of tutoring by interested parties, have to be kept in mind while testing the reliability of a dying declaration. Tapinder Singh v. State of Punjab, (1970) 2 SCC 113 – “It is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity. The weak points of a dying declaration just mentioned merely serve to put the court on its guard while testing its reliability, by imposing on it an obligation to closely scrutinise all the relevant attendant circumstances.” Lallubhai Devchand Shah v. State of Gujarat, (1971) 3 SCC 767 – The person who recorded the dying declaration must be satisfied that the deceased was in a fit state of mind. Kundula Bala Subrahmanyam v. State of A.P., (1993) 2 SCC 684 – The Court stated that a dying declaration made by person on the verge of his death has a special sanctity as at that solemn moment, a person is most unlikely to make any untrue statement and such a dying declaration, by itself, can be sufficient for recording conviction even without looking for any corroboration. If there are more than one dying declarations, then the court has also to scrutinise all the dying declarations to find out if each one of the
Up Next
Add to playlist
New playlist

Embed

COPY
Embed Options
Create Playlist
Select the Station you want to upload this audio to
Station
0 / 140
0 / 2000
Playlist Icon Image:
(.jpg, .png, min size 500x500px)
Privacy
Subscribers
Your
voice
matters.
Discover & Listen to the world’s largest free collection of audio
Password reset

Enter your email address that you used to register. We'll send you an email with your username and a link to reset your password.



If you still need help, contact Vurbl Support
Password reset sent

You have been sent instructions on resetting you password to the email associated with your account. Please check your email and signing in again.


Back to Sign In
If you still need help, contact Vurbl Support
Your
voice
matters.
Discover & Listen to the world’s largest free collection of audio
Reset password

Please enter your new password below.



If you still need help, contact Vurbl Support
Your voice matters.
Discover & Listen to the world’s largest free collection of audio
Verify Email

Enter your email address that you used to register. We'll send you an email with a link to verify your email.



Cancel
Delete Profile
Are you sure? We will miss you :'(
Delete
Delete Audio
Are you sure?
Delete
Delete Playlist
Are you sure you want to delete this playlist?
Delete
Notifications Mark all as read
    You currently have no notifications
    Edit Snippet
    0 / 140
    0 / 140