Can dying declaration be recorded by police?

Whenever possible a dying declaration should always be recorded by a Magistrate. If however, a Magistrate Page 5 4 be not available, the Police Officer should himself record the statement, preferable in presence of witnesses, and obtain the signature of the declarant.

Do dying declarations violate the Confrontation Clause?

Under Crawford, if a dying declaration is testimonial, the statement is inadmissible unless the defendant has the opportunity to cross-examine the statement in court. admissible under the Confrontation Clause so long as they bore a sufficient indicia of reliability.

When the person making the dying declaration survives can the declaration be proved as dying declaration?

Dying declaration will be admissible in evidence only when the person making the statement dies and the cause of the person’s death comes into question. If the person who has made a dying declaration survives, such a statement will not come within the purview of Section 32(1) of the Evidence Act.

Can an accused be convicted on the basis of dying declaration alone?

Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court. In this case, the Karnataka High Court reversed the acquittal recorded by the Trial Court and convicted the accused in a murder case.

What is the relevancy of dying declaration?

A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that their about to die “do not lie”.

What is importance of dying declaration?

It is a most important essential, the court easily decided that the declarant mind fit when record a statement and he had a clear opportunity to observe and identify his assailant. A dying declaration must be that of a person competent to testify as a witness under Article 3 of the Q.S.O.

What is dying declaration importance of dying declaration?

What rule is dying declaration?

Dying declaration. — The declaration of a dying person, made under a consciousness of an impending death, may be received in a criminal case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

Why is the dying declaration important?

A statement by a person who is conscious and knows that death is imminent concerning what he believes to be the cause or circumstances of his death. A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that their about to die “do not lie”.

Who will record dying declaration?

executive magistrate
Dying declaration should be recorded by the executive magistrate & police officer to record the dying declaration only if condition of the deceased was so precarious that no other alternative was left. 5.

Can a dying declaration be acted upon without corroboration?

Several judgments have noted that it is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. If the court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration.

What do you understand of dying declaration?

A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.

Is dying declaration after his death – section 161 or CRPC?

Home Apex Courts Judgements Statement recorded under section 161 or CRPC Is Dying Declaration After His Death. Statement recorded under section 161 or CRPC Is Dying Declaration After His Death.

What is a dying declaration in law?

Dying Declaration. Definition. A dying declaration is a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant’s death), who made the statement under a belief of certain or impending death.

Why is a declaration of death not direct evidence?

Dying declaration is not direct evidence because the original author of the statement was not found on the earth when they made the statement, they did not make the statement in the face of the entire world but in the privacy which might have emboldened him/her to say what he/she would not even hint at in public.

Is cross examination possible in a dying declaration?

Though dying declarations are not statements made on oath and no cross examination is possible , yet because of the solemnity of the occasion, which ensures truth more than a positive oath they are received in evidence. Absolute guarantee of truth cannot be expected even in case of statements made on oath in a court.