Tuesday, January 15, 2013

Evidence Act, 1872, Section 32(1)

Evidence Act, 1872—Section 32(1)—Dying Declaration—There is no particular form or procedure prescribed for recording a dying declaration nor it is required to be recorded only by a Magistrate—As a general rule, it is advisable to get the evidence of the declarant certified from a doctor—In appropriate cases, the satisfaction of the person recording the statement regarding the state of mind of the deceased would also be sufficient to hold that the deceased was in a position to make a statement.

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