Under Section 32(1) of the Indian Evidence Act, 1872, a dying declaration is admissible as evidence. Which of the following statements is most accurate regarding a dying declaration?

Solution

Section 32(1) of the Indian Evidence Act, 1872 provides that statements made by a person as to the cause of their death, or as to any of the circumstances of the transaction which resulted in their death, are admissible as a relevant fact when the cause of that person's death is in question. A dying declaration is admissible in both civil and criminal proceedings and is not confined to murder or culpable homicide cases alone. The Supreme Court has consistently held in cases like Khushal Rao v. State of Bombay (1958) that a dying declaration, if found to be voluntary, truthful, and made in a fit mental condition, can form the sole basis of conviction without any corroboration. There is no legal requirement that it must be recorded by a Magistrate or in the presence of a doctor though such recording adds credibility. The underlying rationale is the legal maxim nemo moriturus praesumitur mentiri* "a man will not meet his Maker with a lie in his mouth".