Evidence Act, 1872, Section 32(1)

Evidence Act, 1872—Section 32(1)—Dying declaration—It is settled law that if the prosecution solely depends on the dying declaration, the normal rule is that the courts must exercise due care and caution to ensure genuineness of the dying declaration, keeping in mind that the accused had no opportunity to test the veracity of the statement of the deceased by cross-examination—The law does not insist upon the corroboration of dying declaration before it can be accepted—The insistence of corroboration to a dying declaration is only a rule of prudence—When the Court is satisfied that the dying declaration is voluntary, not tainted by tutoring or animosity, and is not a product of the imagination of the declarant, in that event, there is no impediment in convicting the accused on the basis of such dying declaration.

Click here to download the full text of the judgment

Search By:

Act  |  Topic  |  Keyword

Web Version | Subscribe | T&C | Contact Us