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. 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. The statement recorded by police under Section 161, falling within the provisions of clause of Section 32 of Indian Evidence Act, thus, is clearly relevant and admissible. Having regard to the extraordinary credence attached to such statement falling under Section 32 of the Evidence Act, time and again this Court has cautioned as to the extreme care and caution to be taken while relying upon such evidence recorded as a dying declaration”.

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History of this topic

The Law Of Dying Declarations In India: Bad In Law?
3 weeks, 5 days ago

The Law Of Dying Declarations In India: Bad In Law?

Live Law  

A dying declaration is an oral or written statement by a person on the point of death concerning the cause of his death according to the Oxford English dictionary. The law concerning dying declarations in India could earlier be found in Section 32 of the Indian Evidence Act which reads, “When it relates to cause of death. An excerpt from …

Court's Declaration Of Civil Death U/S 108 Evidence Act Wouldn't Lead To A Presumption About Date & Time Of Death: Allahabad HC
4 months, 2 weeks ago

Court's Declaration Of Civil Death U/S 108 Evidence Act Wouldn't Lead To A Presumption About Date & Time Of Death: Allahabad HC

Live Law  

The Allahabad High Court has observed that a civil court's declaration of civil death of a person under Section 108 of the Indian Evidence Act, 1872, would not lead to a presumption about the date and time of his death. Subsequently, after a lapse of seven years, the appellant's family filed a suit for a declaration of civil death in …

Can Rely Upon A Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient To Be Mentally Fit: Chhattisgarh HC
8 months, 1 week 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 …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]
1 year, 10 months ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Live Law  

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 Cr.P.C. Q.38 What is the legal status under the Evidence Act of a “confession” or a “statement” recorded under Section 164 Cr.P.C.? While issuing certain general directions to be followed in rape cases, the Supreme Court in State of Karnataka v. Shivanna @ …

S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court
2 years, 3 months ago

S.302 IPC | Just Because Motive And Enmity Is Not Established, Doesn't Mean Accused Will Get Brownie Points: MP High Court

Live Law  

The Madhya Pradesh High Court recently held that a person can be convicted for murder based on an authentic dying declaration of the deceased, even if the prosecution is unable to establish any motive or prior enmity on the part of the accused. The Court also noted that if it is found that the dying declaration was true and voluntary, …

Effect Of Magistrate's Deposition In Favour Of Dying Declaration Can Be Eroded Only By An Efficacious Cross-Examination: Punjab & Haryana HC
2 years, 6 months ago

Effect Of Magistrate's Deposition In Favour Of Dying Declaration Can Be Eroded Only By An Efficacious Cross-Examination: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court recently held that the effect of a Magistrate's deposition in favour of a dying declaration can be eroded only when an efficacious cross-examination is conducted. The conviction was based on the victim's dying declaration. At the outset, the Court observed that the dying declaration was recorded by a Judicial Magistrate First Class, after the …

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 …

Oral Dying Declaration Which Is Reliable & Not Controverted By Defence Is Admissible In Evidence: Gujarat High Court
2 years, 8 months ago

Oral Dying Declaration Which Is Reliable & Not Controverted By Defence Is Admissible In Evidence: Gujarat High Court

Live Law  

In a significant decision, the Gujarat High Court has made it clear that a dying declaration cannot be said to be inadmissible merely because it was given orally. A single bench of Dr. Justice Ashokkumar Joshi observed that an "oral dying declaration" given by the deceased, which is not controverted by the defence in cross-examination, is admissible in evidence.Holding thus, …

Covid Deaths At Jaipur Golden Hospital- Delhi HC Grants Further Time To Centre, Delhi Govt For Responding To Plea Seeking SIT Investigation, Compensation
3 years, 7 months ago

Covid Deaths At Jaipur Golden Hospital- Delhi HC Grants Further Time To Centre, Delhi Govt For Responding To Plea Seeking SIT Investigation, Compensation

Live Law  

The Delhi High Court on Monday granted further six weeks time to the Centre and Delhi Government in order to file their replies in the plea moved by family of 9 victims seeking a Court monitored CBI SIT Investigation into the deaths that took place in Jaipur Golden Hospital on 23rd and 24th April, seizure of important records and CCTV …

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 …

No rigid standard for acceptance or rejection of dying declaration, says Supreme Court
4 years ago

No rigid standard for acceptance or rejection of dying declaration, says Supreme Court

The Hindu  

The Supreme Court has said that there can be “no rigid standard or yardstick” for acceptance or rejection of dying declaration, which alone can form the basis for conviction if it has been made voluntarily and inspires confidence. The apex court observed that if there are contradictions that create doubts about the truthfulness and credibility of the dying declaration then …

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 …

Entitled To Benefit of Doubt: Supreme Court Acquits Man In A Dowry Death Case
4 years, 4 months ago

Entitled To Benefit of Doubt: Supreme Court Acquits Man In A Dowry Death Case

Live Law  

The Supreme Court has acquitted a man who was convicted by the Trial Court and the High Court in a dowry death case.In this case, the accused's wife had died by setting herself afire by pouring kerosene oil upon herself. Both the trial court and the Chhattisgarh High Court took into account this dying declaration and depositions of some witnesses …

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 …

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 …

A Dying Declaration Is Not Invalid Merely Because It Was Not Certified By A Doctor: SC [Read Judgment]
5 years, 10 months ago

A Dying Declaration Is Not Invalid Merely Because It Was Not Certified By A Doctor: SC [Read Judgment]

Live Law  

The Supreme Court has acquitted a convict by setting aside the judgment of the High Court of Chattisgarh which had convicted her for murder, after finding lacunae in the dying declarations.In the case the Poonam Bai was found by the HC to have murdered her aunt by setting fire on her. The Supreme Court has acquitted a convict by setting …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-IV]
5 years, 11 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-IV]

Live Law  

Read the first part Here Read the Second Part Here Read the third part Here EVIDENTIARY VALUE OF CONFESSION A Confession is ordinarily admissible in evidence. WHAT IS THE LEGAL STATUS UNDER THE EVIDENCE ACT OF A "CONFESSION" OR "STATEMENT" RECORDED UNDER SECTION 164 Cr.P.C.? The "confession" of an accused or the "statement" of a witness recorded under Section 164 …

Dying Declaration is not admissible for Conviction under S.498A IPC simpliciter: Bombay HC [Read Judgment]
8 years, 9 months ago

Dying Declaration is not admissible for Conviction under S.498A IPC simpliciter: Bombay HC [Read Judgment]

Live Law  

Bombay High Court has recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code. In support of such findings, trial Court recorded reasons and while trial Court acquitted the accused for offence under Section 306 of IPC, it convicted the accused under Section 498-A of IPC. In Appeal, High Court has referred the Supreme Court …

Dying Declaration is not admissible for Conviction under S.498A IPC simpliciter: Bombay HC [Read Judgment]
8 years, 9 months ago

Dying Declaration is not admissible for Conviction under S.498A IPC simpliciter: Bombay HC [Read Judgment]

Live Law  

Bombay High Court has recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code. In support of such findings, trial Court recorded reasons and while trial Court acquitted the accused for offence under Section 306 of IPC, it convicted the accused under Section 498-A of IPC. In Appeal, High Court has referred the Supreme Court …

Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]
9 years, 2 months ago

Sufficiency of Injury to cause death must be proved to sustain a conviction under Section 302 IPC; SC [Read Judgment]

Live Law  

The Supreme Court has held that the sufficiency of injury to cause death must be proved to sustain a conviction under Section 302 of Indian Penal Code and that cannot be inferred from the fact that death has taken place. However the court observed "The emphasis in clause three of Section 300 IPC is on the sufficiency of the injury …

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 …

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