Under what circumstances dying declaration is admissible?

Dying declaration will be admissible in evidence only when the person making the statement dies and the cause of the person’s death comes into question. If the person who has made a dying declaration survives, such a statement will not come within the purview of Section 32(1) of the Evidence Act.

Is dying declaration admissible?

A dying declaration is relevant evidence as declared by Section 32 of the Indian Evidence Act, 1872. Dying declaration is admissible not only in the case of homicide but also in civil suits. If the Court is satisfied that the dying declaration is true and voluntary, it can base conviction on it without corroboration.

Which of the following conditions is not required for admissibility of dying declaration?

The question arises when the dying declaration is recorded and the declarant does not die. The statement is only converted in dying declaration when the victim/ declarant dies. And the declarant won’t lie just before dying. But if the declarant does not die then the statement can’t be admissible as dying declaration.

Is dying declaration admissible in evidence if its maker survives?

If the declarant survives then the statement will be inadmissible as dying declaration but it can be relied upon as a witness in the court against the accused. Also if the person making the statement is imbecile or a minor, the declaration will be inadmissible.

Can a dying declaration be acted upon without corroboration?

Although there is neither a rule of law nor of prudence that the dying declaration cannot be acted upon without corroboration, the Court must nonetheless be satisfied that the dying declaration is true and voluntary, and only then could it be the sole basis for conviction without corroboration.

What is dying declaration who can record a dying declaration?

(III) WHO CAN RECORD DYING DECLARATIONS: So, under Rule 33 of Criminal Rules of Practice, Judicial Magistrate is empowered to record the Dying Declarations.

Who will record dying declaration?

executive magistrate & police
4. Dying declaration should be recorded by the executive magistrate & police officer to record the dying declaration only if condition of the deceased was so precarious that no other alternative was left.

What are the requisite in order that the dying declaration may be admissible as evidence in court?

— In order that a dying declaration may be admissible as evidence, four requisites must concur: 1) That the declaration must concern the cause and surrounding circumstances of the declarant’s death; 2) That at the time the declaration was made, the declarant was under a consciousness of an impending death; 3) That the …

Can a doctor record a dying declaration?

Dying declaration can be recorded by a magistrate, a doctor, a police officer or even a village head. It should be recorded in presence of at least two witnesses.

In what cases does a dying declaration need corroboration?

4. Oral Declaration. The Apex Court emphasized the need for corroboration of such declaration particularly in a case of this kind where the oral statement was made by the injured person to his mother & she being an interested witness. Such declaration has to be considered with care & caution.

Can a dying declaration be admissible into evidence?

A person who makes a dying declaration must be competent at the time of making the statement otherwise it is inadmissible. Moreover if a person has a slightest chance of recovery is dying declaration will not be admissible into evidence.

Is the dying declaration an exception to the hearsay rule?

Dying Declaration: An Exception to the Rule Against Hearsay Black’s Law Dictionary defines hearsay as “A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

What is the definition of a dying declaration?

Dying Declaration. Definition. A dying declaration is a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant’s death), who made the statement under a belief of certain or impending death.

Can a dying declaration be taken on oath?

Though dying declarations are not statements made on oath and no cross examination is possible , yet because of the solemnity of the occasion, which ensures truth more than a positive oath they are received in evidence. Absolute guarantee of truth cannot be expected even in case of statements made on oath in a court.

As a result, it is an exception to the Hearsay rule, which prohibits the use of a statement made by someone other than the person who repeats it while testifying during a trial, because of its inherent untrustworthiness. If the person who made the dying declaration had the slightest hope of recovery, no matter how unreasonable,…

Can a court reject a suspicious dying declaration?

Courts can reject suspicious dying declarations in civil and criminal cases A dying declaration is relevant evidence as declared by Section 32 of the Indian Evidence Act, 1872. Published: 06th January 2020 09:19 AM | Last Updated: 06th January 2020 09:19 AM | A+ A A- For representational purpose (Express Illustration)