Law Relating To Dying Declaration

The rules for admissibility of dying declaration in India are contained in Section 32(1) of the Indian Evidence Act, 1872. The words ‘dying declaration’ are not used by the Act. Nevertheless, Section 32(1) is framed in a manner which includes dying declaration within its scope. According to the Section, dying declaration is a statement written or oral of a person who is dead and the same is with respect to the cause of his death or the circumstances resulting in his death. The statement is relevant in any judicial proceedings where the cause of death of that person is in issue. The second paragraph of the sub-section makes it abundantly clear that the statement is admissible in civil as well as criminal proceedings.