Dying Declaration is not admissible for Conviction under S.498A IPC

simpliciter: Bombay HC

The court observed that 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 and it depends upon the facts and circumstances of each case. If the statement recorded as the dying declaration of the deceased inspires the confidence of the Court, then there would not be any impediment for the Court to act on such dying declaration to base a conviction. However it shall be prudent to seek corroboration.

Such dying declarations shall have weight provided that, it is not proved that maker was not exposed to the tutoring of others before making such dying declaration.

The Court has however made it clear that except Section 32(1) of Indian Evidence Act, there is no other provision under which the statement of a dead person can be looked into in evidence.

As per section 32(1), the statement of a dead person is admissible in law if the statement is as to the cause of death or as to any of the circumstances of the transactions which resulted in her death, in a case in which the cause of death comes into question.

 

 

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