Supreme Court on Dying Declaration
By
Sunil Kumar Garg
The dying declaration is a statement by a person as to the cause of his death or as to any of the circumstances of the transactions which resulted in his death and it becomes relevant u/S. 32 of the Indian Evidence Act in a case in which the cause of that person’s death comes into question. Clause (1) of Section 32 of the Evidence Act makes relevant what in English law are called dying declarations. The Indian law on the question of the nature and scope of dying declaration has made a different departure from the English law where only the statements which directly relate to the cause of death are admissible.
Scope
About the scope of Section 32(1) of Indian Evidence Act the Hon’ble Supreme Court in a case reported in AIR 1984 SC 1622 : 1984 Cri.LJ 1738 (Sharad v. State of Maharashtra) has stated like that—
“Section 32 is an exception to the rule of hearsay and makes admissible the statement of a person who di ....