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Dying Declaration

Definition

Statement of a person about cause of death or circumstances of the transaction resulting in death. Admissible under BSA 2023 Section 26 (formerly IEA 32(1)); no oath needed.

Jurisdiction
India
Current provision
BSA 2023, Section 26
Former provision
IEA Section 32(1)
Oath requirement
None

Common questions

Why is a dying declaration admissible despite being hearsay and unsworn?+

The law treats a statement made about the circumstances of one's own death as inherently reliable, on the reasoning that a person facing death has little motive to lie, which is why the hearsay rule and oath requirement are both set aside for this category.

Can a dying declaration alone be enough to convict, or does it need corroboration?+

Indian courts have held that a dying declaration, if found truthful, voluntary, and made with a clear state of mind, can sustain a conviction without corroboration, though courts still scrutinise the circumstances of the statement closely before relying on it alone.

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