A Dying declaration is admissible only if declarant is died. Is this statement correct?

-


A dying declaration under Section 32(1) of the Indian Evidence Act, 1872, is admissible only if the declarant’s death is relevant to the proceedings and the statement relates to the cause of death or circumstances leading to death. However, it is not mandatory that the declarant dies immediately or even shortly after making the declaration.

The essential conditions are:

  • Death of the declarant:
    For the declaration to be admissible, the declarant must have died by the time of trial.

  • Cause of death in question:
    The declaration must pertain to the circumstances or cause of death.

If the declarant survives, the statement ceases to be a dying declaration but could still be admissible under other provisions, such as under Section 157 for corroboration or Section 145 for contradicting the witness.

Conclusion:

Thus, the correct position is:
A dying declaration is admissible only when the declarant has died, making the declarant’s death essential for admissibility at the time of trial. If the declarant is alive, it cannot be treated as a dying declaration.

Comments

Post a Comment

Popular posts from this blog

Important sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) along with key points:

-
Important sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) along with key points: Chapter-wise Important Sections of BNS, 2023 General Principles & Definitions Section 1 – Short title, extent, and commencement Section 2 – Definitions (similar to IPC, but some terms updated) Section 3 – Punishment of offenses committed beyond India but by Indian citizens General Exceptions (Defense to Criminal Liability) Section 20 – Act done by a child below 7 years is not an offense Section 21 – Act done by a child above 7 but below 12, considering maturity Section 24 – Right of private defense (self-defense provisions) Section 25 – Right of private defense extending to causing death in certain cases Offenses Against the State Section 111 – Waging war against the Government of India Section 113 – Sedition (modified from IPC; now called "acts endangering sovereignty, unity, and integrity of India") Offenses Affecting Public Tranquility ...
Read more

MCQs on Bharatiya Nyaya Sanhita, 2023

-
Here is a set of 20 multiple-choice questions (MCQs) based on the Bharatiya Nyaya Sanhita, 2023, focusing on both conceptual understanding and practical application. Each question is followed by an explanation. MCQs on Bharatiya Nyaya Sanhita, 2023 General Principles & Definitions Which of the following is a fundamental principle introduced in the Bharatiya Nyaya Sanhita, 2023? a) Rehabilitation-focused punishment b) Community service as an alternative to imprisonment c) Stringent punishment for organized crime and terrorism d) Legalization of certain offenses under previous laws Answer: c) Stringent punishment for organized crime and terrorism Explanation: The BNS 2023 enhances penalties for offenses like terrorism, mob lynching, and organized crime to strengthen national security. Under Bharatiya Nyaya Sanhita, 2023, which term replaces the word ‘offense’ used in IPC, 1860? a) Crime b) Illegality c) Apradh d) Wrongdoing Answer: c) Apradh Explanation: The term...
Read more

The Hon'ble Supreme Court Landmark rulings on Impleadment of Parties (Striking out or adding parties at any stage of a proceeding) necessary and Proper Party Order 1 Rule 10 of the CPC, 1908

-
Image
Hon'ble Supreme Court Landmark rulings on Impleadment of Parties (necessary and Proper Party ) order 1 rule 10 of the CPC, 1908  Mumbai International Airport Pvt. Ltd. v. Regency Convention Centre , Kasturi v. Iyyamperumal , and Sumtibai v. Paras Finance Co. , focusing on impleadment of parties under Order I Rule 10(2), CPC in specific performance suits . Comparative Case Analysis: Impleadment of Parties in Specific Performance Suits Case Name Key Issue Held Position on Impleadment Mumbai International Airport Pvt. Ltd. v. Regency Convention Centre (2010) 7 SCC 417 Can a third party with prospective interest in the suit property be impleaded? ❌ No impleadment A party with only expectation of acquiring interest (not an existing right) is not a proper or necessary party . The plaintiff's choice of whom to sue is respected unless the twin test is met. Kasturi v. Iyyamperumal (2005) 6 SCC 733 Can a person claiming adverse title to both plaintiff and defendant be impleaded? ...
Read more