100% Burn Injuries By Itself Does Not Mean Victim Was Incapable Of Making Dying Declaration: SC [Read Judgment]
5 years, 2 months ago

100% Burn Injuries By Itself Does Not Mean Victim Was Incapable Of Making Dying Declaration: SC [Read Judgment]

Live Law  

The Supreme Court has observed that merely because the deceased had suffered 100% burn injuries, it cannot be said that he/she was incapable to make a statement which could be acted upon as dying declaration. Rejecting this contention, the bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari observed thus: "Irrespective of the extent and gravity of burn injuries, when the doctor had certified him to be in fit state of mind to make the statement; and the person recording the statement was also satisfied about his fitness for making such statement; and when there does not appear any inherent or apparent defect, in our view, the dying declaration cannot be discarded. Suffice would be to observe to present purpose that merely for 100% burn injuries, it cannot be said that the victim was incapable to make a statement which could be acted upon as dying declaration." v) The law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same but the person recording dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making the statement.

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History of this topic

Can Rely Upon A Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient To Be Mentally Fit: Chhattisgarh HC
8 months ago

Can Rely Upon A Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient To Be Mentally Fit: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has observed that a dying declaration recorded by an Executive Magistrate, following a certification by a doctor that the patient is fit to give a statement, can be considered reliable. The conviction was based on the dying declaration made by the deceased, Geeta Yadav, before an Executive Magistrate after a doctor certified that she was capable …

Law believes a dying person’s last words to be honest, SC judgment on dying declarations as evidence
9 months, 3 weeks ago

Law believes a dying person’s last words to be honest, SC judgment on dying declarations as evidence

The Hindu  

Persons on the verge of death rarely utter a lie and their last words are believed to have “greater acceptability” in the eyes of law, the Supreme Court has said in a judgment. “There is no absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated,” Justice Bhuyan referred to precedents. …

'Great Caution Needed' : Supreme Court Lists Out Factors To Be Considered While Relying On Dying Declarations
1 year, 6 months ago

'Great Caution Needed' : Supreme Court Lists Out Factors To Be Considered While Relying On Dying Declarations

Live Law  

The Supreme Court on Wednesday, while acquitting a death row prisoner, reiterated that ‘great caution’ must be exercised while placing reliance on dying declarations even as the law attaches a presumption of truthfulness to such statements. The evidence and material available on record must be properly weighed in each case to arrive at an appropriate conclusion.” Noting the discrepancies between …

Merely Failing To Certify Victim's State Of Mind Doesn't Make Dying Declaration Unreliable: Orissa High Court
2 years, 4 months ago

Merely Failing To Certify Victim's State Of Mind Doesn't Make Dying Declaration Unreliable: Orissa High Court

Live Law  

The Orissa High Court has held that failure on the part of the doctor to certify the 'state of mind' of deceased before recording her/his dying declaration will not make the same wholly unreliable, if the doctor is otherwise satisfied that the victim was in a fit state of mind to give the declaration. " Each case, therefore, turns on …

No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court
2 years, 7 months ago

No Need To Corroborate Dying Declaration If Given In A Fit State Of Mind: Calcutta High Court

Live Law  

A division bench of Calcutta High Court, consisting Justice Debangsu Basak and Justice Bibhas Ranjan De, reiterated that a dying declaration is a conclusive piece of evidence, admissible for the conviction of the accused, wherein corroboration is not mandatory when the deceased is in a 'fit state of mind' while giving the declaratory statement. The trial court found no fault …

Dying Declaration Can't Be Discarded Merely Because There Was No Extreme Emergency When It Was Recorded : Supreme Court
2 years, 11 months ago

Dying Declaration Can't Be Discarded Merely Because There Was No Extreme Emergency When It Was Recorded : Supreme Court

Live Law  

The Supreme Court has held that a dying declaration cannot be discarded merely because there was no extreme emergency or danger to the life of the victim at the time when it was recorded. Case details State of Uttar Pradesh vs Subhash @ Pappu | 2022 LiveLaw 336 | CrA 436 OF 2022 | 1 April 2022 Coram: Justices MR …

Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court
3 years, 10 months ago

Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a Court must be satisfied that the dying declaration is true and voluntary, and only then could it be the sole basis for conviction without corroboration.In this case, the Karnataka High Court reversed the acquittal recorded by the Trial Court and convicted the accused in a murder case. The Supreme Court reiterated that a Court …

Dying Declaration Cannot Be Discarded Merely Because Relatives Of Deceased Were Present In Hospital While Recording It: Supreme Court
4 years ago

Dying Declaration Cannot Be Discarded Merely Because Relatives Of Deceased Were Present In Hospital While Recording It: Supreme Court

Live Law  

The Supreme Court observed that a dying declaration cannot be disbelieved merely because parents and relatives of the deceased were present in the hospital while recording it. Merely because they were in the hospital, the same is no ground to disbelieve the dying declaration, recorded by the Magistrate", the bench said while dismissing the appeal filed by a murder accused. …

Mere Absence Of Doctor's Certification Would Not Ipso Facto Render Dying Declaration Unacceptable: Supreme Court
4 years, 1 month ago

Mere Absence Of Doctor's Certification Would Not Ipso Facto Render Dying Declaration Unacceptable: Supreme Court

Live Law  

The Supreme Court reiterated that mere absence of doctor's certification as to the fitness of the declarant's state of mind would not ipso facto render the dying declaration unacceptable.The contention of the accused in this case was that the conviction is solely based on the dying declaration of the deceased which finds no corroboration. The Supreme Court reiterated that mere …

Dying Declaration Can't Be Ignored Just On The Ground That It was Recorded By An Executive Magistrate: Delhi HC [Read Judgment]
5 years, 3 months ago

Dying Declaration Can't Be Ignored Just On The Ground That It was Recorded By An Executive Magistrate: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that a dying declaration would simply not become unreliable, just because it was recorded by an Executive Magistrate instead of a Judicial Magistrate. The Single Bench of Justice IS Mehta has noted that once it is ascertained that the dying declaration was made voluntarily and is truthful, the fact that it was reported by an …

Patient With 92% Burn Injuries Can Be In A Fit State Of Mind To Give Dying Declaration : SC [Read Judgment]
5 years, 7 months ago

Patient With 92% Burn Injuries Can Be In A Fit State Of Mind To Give Dying Declaration : SC [Read Judgment]

Live Law  

The Supreme Court has dismissed an appeal by a murder convict by upholding the dying declaration given by his deceased wife. The Court held that the mere fact that the deceased had suffered 92% burn injuries per se would not mean that she was not fit to give the declaration. The bench referred to the Constitution Bench decision of the …

Administering Of Oath To Deceased Before Recording Dying Declaration Doesn't Render It Invalid: Allahabad HC [Read Order]
5 years, 9 months ago

Administering Of Oath To Deceased Before Recording Dying Declaration Doesn't Render It Invalid: Allahabad HC [Read Order]

Live Law  

Allahabad High Court held that the mere fact that in the dying declaration, a sort of oath has been administered to the deceased before recording the same, would not make the credibility of the dying declaration doubtful and would not nullify the same. If Executive Magistrate chose the particular language for recording the dying declaration, the deceased cannot be blamed …

‘Dying words not clinching proof’
5 years, 9 months ago

‘Dying words not clinching proof’

The Hindu  

A dying declaration given by a victim in a possible unfit state of mind needs to be corroborated by other evidence to secure conviction, the Supreme Court has held. A Bench of Justices S.A. Bobde and Deepak Gupta has referred to past judgments of the apex court to observe that though a dying declaration is entitled to great weight, it …

Statement Of Injured Recorded Under Section 161 CrPC Can Be Treated As Dying Declaration After His Death: SC Reiterates [Read Judgment]
6 years, 5 months ago

Statement Of Injured Recorded Under Section 161 CrPC Can Be Treated As Dying Declaration After His Death: SC Reiterates [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court on Wednesday re-iterated that the statement of an injured recorded under Section 161 of Code of Criminal Procedure can be treated as dying declaration admissible under Section 32 of the Indian Evidence Act.Bench of Justices AK Sikri and Ashok Bhushan was hearing an appeal against judgment of Orissa High Court dated 25.01.2017. …

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]
9 years, 3 months ago

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]

Live Law  

Though there is a presumption that the persons in dead-bed expecting death at any moment will not tell a lie, such a presumption shall not have universal application, the court said.While acquitting a ‘husband’ who was convicted by the Trial court for offences under Sections 498-A and 306 of the Indian Penal code, the Madras High Court has observed that …

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]
9 years, 3 months ago

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]

Live Law  

Though there is a presumption that the persons in dead-bed expecting death at any moment will not tell a lie, such a presumption shall not have universal application, the court said.While acquitting a ‘husband’ who was convicted by the Trial court for offences under Sections 498-A and 306 of the Indian Penal code, the Madras High Court has observed that …

‘Dying declaration cannot form basis of conviction if it is not trustworthy'
13 years, 4 months ago

‘Dying declaration cannot form basis of conviction if it is not trustworthy'

The Hindu  

A dying declaration made by a victim, accusing a person of having been responsible for his/her death, cannot form the basis of conviction if it suffers from infirmity, the Supreme Court has held. Likewise, where the deceased is unconscious and could never make any declaration, the evidence with regard to it is to be rejected.” Writing the judgment, Justice Sathasivam …

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