Dying declaration by rape victims: dying declarations are the statements made by a dying person as to injuries which culminated in his death or the circumstances under which the injuries were inflicted. If a dying declaration is recorded carefully by the proper person, keeping in mind the essential ingredients of the dying declaration, such declaration retains its full value section 32 (1) of indian evidence act. Section 32 of the indian evidence act, 1872 given by the injured to the investigating officer is not admissible as dying declaration under section 32 of the .
Dying declaration is the statement made by a person as to the cause of his death or as to the circumstances of the transaction resulting in his death in section 32(1) of the evidence act, the only statement that is given just before the death is dying declaration also, the statement that is given . Dying declarations are the statements made by a dying person as to injuries which culminated in his death or the circumstances under which the injuries were inflicted statements made by a deceased long prior to the occurrence resulting in death are not dying declaration and not admissible in indian . This sample declaration under section 37732 of the california code of civil procedure is used by the sucesssor in interest such as a beneficiary or heir of a decedent who died.
12) about the evidentiary value of dying declaration of the deceased, it is relevant to refer section 32(1) of the indian evidence act, 1872, which reads as under:-. Dying declaration made by the deceased is admissible in evidence under section 32(1) of the evidence act, 1872 in the absence of any kind of infirmity or/and suspicious circumstances surrounding its execution, once it is proved in evidence in accordance with law, it can be relied on for convicting . Section 32 of the indian evidence act nowhere states that the dying declaration must be recorded in the presence of a magistrate or in other words no statement which has not been recorded before the magistrate cannot be treated to be a dying declaration. A suicidal note written found in the clothes of the deceased it is in the nature of dying declaration and is admissible in evidence under section 32 of indian evidence act  case laws: paras yadav and others vs.
A dying declaration is, thus, a statement made by a dying person as to the cause of his death or as to any circumstances of the transaction that resulted in his death it is accepted as evidence under section 32 of the indian evidence act, 1872. In this judgment, the supreme court of india observed that the dying declaration is undoubtedly admissible under section 32 also, it not being statement on oath could be tested by cross-examination in the case, the observation made by the apex court has since then become a vital precedent for the future cases. Validity of dying declaration under indian law: the provision in section 32(1) of the indian evidence act, 1872 has been made by the legislature as a matter of sheer necessity, by way of an exception to the general rule that hearsay is no evidence and that evidence which has not been tested by cross-examination, is not admissible. After extensively examining the provisions of section 32(1) of the evidence act and referring to various conflicting views with regard to the value of dying declaration as a piece of evidence expressed by different high courts, the court in khushal rao vs state of bombay, air 1958 sc 22 summarized the legal position as under:.
Dying declaration is not admissible for conviction under s498a ipc simpliciter: bombay hc would be inadmissible evidence under section 32(1) of the indian evidence act and the said evidence . Dying declaration under indian evidence act 1872 dying declaration: section 32 (1) indian evidence act section 17 indian evidence act: . Bombay high court has recently acquitted an accused who challenged his conviction under section 498a of indian penal code dying declaration code dying declaration under section 32(1) of .
Dying declaration has been covered under sub section 1 of section 32 of indian evidence act, 1872 it includes the declaration of a dying person regarding th. Rule 804(b)(3) as submitted by the court (now rule 804(b)(2) in the bill) proposed to expand the traditional scope of the dying declaration exception (ie a statement of the victim in a homicide case as to the cause or circumstances of his believed imminent death) to allow such statements in all criminal and civil cases. “the dying declaration is undoubtly admissible under section 32 & not being statement on oath so that its truth could be tested by cross-examination, the court has to apply the scrutiny & the closest circumspection of the statement before acting upon it. Sub-section (1) of section 32 states that the statement of a person who is dead is relevant when it relates to the cause of the death or circumstances of the transactions which resulted in his death, in cases in which the cause of that person’s death comes into question.