Critical Analysis On Section 32(1) Of The Indian Evidence Act, 1872

Khusbu Dedavat, B.com, M.com, LLB, Thakur Ramnarayan College of Law, University of Mumbai

ABSTRACT

Dying Declaration is also termed under the Latin, articulo mortis which means at the point of death. Dying Declaration means on the verge of death a person makes a statement to a judicial officer about the reason behind his death or the series of events that caused his death ultimately which was stated to his near or dear person and can be taken into consideration for giving sole conviction to the accused and booking him for the charge as laid down under Indian penal Code, 1860. This research paper addresses the issue of updated status under the Indian law of the Dying Declaration and the evolution of decisions passed by the Supreme Court which form the basis of further future cases to be decided on. This research paper will help you understand the core concept of dying declaration with the help of Supreme Court Cases, which have laid down guidelines to determine the admissibility of such dying declarations, and several landmark cases have shaped the understanding and application of this concept in Indian jurisprudence. The credibility of a dying declaration depends on its consistency with other evidence, the circumstances in which it was made, and the mental state of the declarant, among other factors.

Keywords: Dying Declaration, Admissibility, Circumstances, Evidence