International Journal of Medical Toxicology & Legal Medicine
  • Year: 2010
  • Volume: 13
  • Issue: 1

Dying declaration- an analysis of court judgments

  • Author:
  • Praveena H. Gouda1, Hareesh S. Gouda2,
  • Total Page Count: 5
  • Page Number: 28 to 32

1KLE Society's B.V. Bellad Law College, Belgaum, Karnataka

2Dept. of Forensic Medicine & Toxicology, J.N. Medical College, Belgaum-590010, Karnataka

*Corresponding Author: Dr. Hareesh S. Gouda, Assistant Professor, Dept. of Forensic Medicine & Toxicology, J.N. Medical College, Belgaum-590010, Karnataka, Telephone: +919620237977, hareeshfmt@rediffmail.com

Online published on 28 November, 2011.

Abstract

Truth sits on the lips of a dying man. Therefore, great solemnity and sanctity is attached to the words of a dying person fir the reason that a person on the verge of death is not likely to tell lies or to fabricate a case so as to implicate an innocent person. Dying declaration is the statement made by the person who is on the verge of dying as to the cause of his death or as to any circumstances oftransaction that resulted in his death. It is one of the crucial evidence in the trial of a case in which the cause of death is under question and it deserves special respect. However, only the properly recorded dying declaration has got significant evidentiary value. In this article, an analysis of some of the important rulings on the basis of dying declaration has been made.

Keywords

Dying declaration, Section 32(1) of Indian Evidence Act, Cause of death, Magistrate, Compos mentis