Dying declaration

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Source- The post on Dying declaration is based on the articleConviction Can Be Solely Based On Dying Declaration If It Inspires Confidence: Supreme Court” published in The Live law” on 6th March 2024.

What is the News?

Recently, Supreme court gave judgement on the matter of dying declaration.

About Supreme Court Judgement:

i) The Supreme Court held that the conviction of the accused can be sustained solely based on the dying declaration if the declaration made by the victim inspires the confidence of the court and proves to be trustworthy.

ii) The victim must have been in a fit state of mind when providing the dying declaration. The court ensures that the statement was not a result of imagination or coercion.

About Dying Declaration

i) The Dying Declaration is the statement of a person who had died explaining the circumstances of his death.

ii) A dying declaration is considered credible and trustworthy evidence, based upon the general belief that most people who know that they are about to die, do not lie.

iii) Section 32 of the Indian Evidence Act deals with the cases related to that person who is dead or who cannot be found.

iv) Anyone can record the dying declaration of the deceased as per law. The law does not compulsorily require the presence of a Judicial or Executive Magistrate to record a dying declaration.

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