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06/03/2021

What is dying declaration SRD law?

What is dying declaration SRD law?

Section 32(1) of The Indian Evidence Act defines,’dying declaration’ as ” a statement verbal or written made by a person who is dead or cannot be found, who has become incapable of giving evidence or whose attendance cannot be procured without an amount of delay or expense, which under the circumstance of the case.

Is dying declaration admissible in evidence?

However, unlike regular hearsay, a dying declaration is admissible in court. As such, a dying declaration is as an exception to the hearsay rule. Other general rules of admissibility also apply, such as the requirement that the declaration must be based on the declarant’s actual knowledge.

What is dying declaration evidence?

Section-32(1) of Indian Evidence Act, Word “Dying Declaration” means a statement written or verbal of relevant facts made by a person, who is dead. It is the statement of a person who had died explaining the circumstances of his death.

Can police record dying declaration?

L.K. 224 (Nag.)]. Whenever possible a dying declaration should always be recorded by a Magistrate. If however, a Magistrate Page 5 4 be not available, the Police Officer should himself record the statement, preferable in presence of witnesses, and obtain the signature of the declarant.

When can a dying declaration be used in court?

Under the Federal Rules of Evidence, a dying declaration is admissible if the proponent of the statement can establish all of the following: The declarant’s statement is being offered in a criminal prosecution for homicide, or in a civil action.

Why is dying declaration important?

So, recording of dying declaration becomes very important. the fact that the object of such declaration is to get from the declarant the cause of death or the circumstances of the transaction which resulted in death. The Magistrate shall disclose his identity to the declarant first.

What is dying declaration and dying deposition?

A dying declaration is a statement made by a deceased person to anybody who happens to be present when it is made, whereas a dying deposition has to be made before a Magistrate and in the presence of the accused.

What is dying declaration and its evidentiary value?

A dying declaration recorded by a medical officer is admissible and of evidentiary value, as a doctor is an independent person can never be disbelieved.[18] In cases where the doctor finds that the life is ebbing fast in the patient and there is no time either to call the Police or the Magistrate in such a situation …

Can FIR be a dying declaration?

F.I.R as dying declaration State of M.P., the Supreme Court Of India held that statement by injured person recorded as FIR can be treated as dying declaration and such statement is admissible under Section 32 of Indian Evidence Act.