Whether A Suicide Note Be Considered A Dying Declaration Or Not?

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Abhyuday Kumar, Amity Law School, Noida

ABSTRACT

The article evaluates the concepts of dying declaration and suicide note in a legal setting, while discussing the legal and evidentiary ramifications of claiming that suicide notes are a reliable category of evidence. It discusses the similarities and differences between the dying declaration and the suicide note, noting that both are expressions disclosing the cause of death or event causing death. It discusses the admissibility to be determined when the note was found out and discusses critical issues regarding voluntariness, mental fitness of deceased, the proximate link with the death. Overall, it demonstrates through theoretical discussion and with a practical example of a recent case, that suicide notes can provide some amount of relevance and can be considered as a dying declaration under 26(a) of Bharatiya Sakshya Adhiniyam, 2023 if corroborated well.

Keywords: Bharatiya Sakshya Adhiniyam, 2023; Dying Declaration; Suicide Note; Abetment to Suicide.

318. WHETHER A SUICIDE NOTE BE CONSIDERED A DYING DECLARATION OR NOT.pdf

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