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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Explained in these topics
- Criminal Investigations: Deaths, Assaults, Poisoning, Accidents
- Types of Evidence, Confessions and Dying DeclarationsA statement by a person as to the cause of their death or the circumstances of the transaction resulting in it, admitted despite the general rule against hears...