Dying Declaration
A statement by a person expecting imminent death regarding the cause or circumstances of their death � admissible as a hearsay exception.
Full Definition
A dying declaration is made when the victim is conscious of impending death. 'Nemo moriturus praesumitur mentire' � a dying person is presumed not to lie. It can be the sole basis for conviction if credible.
In Indian Law
Section 32(1) Indian Evidence Act (Section 26(a) BSA 2023). In Laxman v. State of Maharashtra (2002), the Supreme Court held a dying declaration need not be recorded by a magistrate � an oral statement to a relative is admissible if made in a fit mental state.
Landmark Cases
Laxman v. State of Maharashtra (2002) � Dying declaration without magistrate valid
Frequently Asked Questions
Can a person be convicted solely on a dying declaration?
Yes � if truthful, voluntary, and made in a fit mental state, it can be the sole basis of conviction without corroboration.