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

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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.

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