Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Dying Declaration (Section 32(1) IEA / Section 26 BSA)
Evidentiary Rules & Proof Standards
Definition
A statement made by a person who is near death explaining the cause of their death or the circumstances of the transaction resulting in their death, admissible as substantive evidence without the maker being cross-examined.
Example
In Khushal Rao v. State of Bombay, the Supreme Court affirmed that a dying declaration recorded by a competent magistrate following a doctor's mental fitness certification can form the sole basis of conviction without corroboration, provided it is truthful and voluntary.