Abstract

The Indian Evidence Act 1872 is an Act formulated by J.F. Stephens and is the Act that must be consciously kept in mind while adjudicating civil and criminal cases. The whole of the Act is extremely important for arriving at the most justified and legally logical decision in any given case. However, the most important part of the Act is the concept of dying declaration. It is mentioned under Section 32 of the Indian Evidence Act that dying declaration can be accepted in any given four circumstances, if all the essentialities and qualifications are fulfilled. For better understanding of the issue, Section 32(1) is reproduced- “32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. Statements, written or verbal, or relevant facts, made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases :(1)When it relates to cause of death. - When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.” However, it must be understood that only reliable and factually as well as circumstantially justiciable and legally admissible statements must be accepted as dying declarations. The present manuscript in the form of a case comment tries to enlighten this concept only.

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