Dying Declaration under Section 32(1) of the Evidence Act, 1872: Essential Ingredients, Evidentiary Value, and Admissibility upon Declarant's Survival
Dying Declaration under Section 32(1) of the Evidence Act, 1872: Essential Ingredients, Evidentiary Value, and Admissibility upon Declarant's Survival Q. What is a dying declaration? What are its essential ingredients? If the declarant survives after making the dying declaration, can it be admitted in evidence? (3 rd BJS, 2007) Ans. Under section 60 of the Evidence Act, 1872- the general rule is that oral evidence must be direct. ‘Dying declaration’ is admissible as an exception to ‘hearsay rule.’ Dying Declaration : Dying declarations are statements oral or documentary made by a person as to the cause of his death or as to the circumstances of the transactions resulting in his death. The grounds of admission of a dying declaration are: Firstly , necessity , for the victim being generally the only principal eye-witness to the crime, the exclusion of his statement defeat the ends of justice; and Secondly , the sense of impending death which creates a ...
