Dying declaration: India

Select Language Afrikaans Albanian Arabic Armenian Azerbaijani Basque Belarusian Bulgarian Bengali Catalan Chinese (Simplified) Chinese (Traditional) Croatian Czech Danish Dutch English Estonian Filipino Finnish French Galician Georgian German Greek Gujarati Haitian Creole Hebrew Hindi Hungarian Icelandic Indonesian Irish Italian Japanese Javanese Kannada Khmer Korean Latvian Lithuanian Macedonian Malay Maltese Marathi Nepali Norwegian Persian Polish Portuguese Punjabi Romanian Russian Serbian Slovak Slovenian Spanish Swahili Swedish Tamil Telugu Thai Turkish Ukrainian Urdu Vietnamese Welsh Yiddish

This is a collection of articles archived for the excellence of their content. You can help by converting these articles into an encyclopaedia-style entry, deleting portions of the kind normally not used in encyclopaedia entries. Please also fill in missing details; put categories, headings and sub-headings; and combine this with other articles on exactly the same subject. Readers will be able to edit existing articles and post new articles directly on their online archival encyclopædia only after its formal launch. See examples and a tutorial.

Dying declaration

The Times of India

Publication: Times Of India Delhi; Date: Mar 14, 2009; Section: Times Nation; Page: 11

SC: Deathbed declaration has its own sanctity

New Delhi: The dying declaration of a person should normally be relied upon by courts as rarely does a person on his deathbed speaks falsehood, the Supreme Court has held.

“The situation in which a person is on the deathbed is so solemn and serene, when he is dying that the grave position in which he is placed, is the reason in law to accept the veracity of his statement.

“It is for this reason that the requirement of oath and crossexamination are dispensed with. Besides, should the dying declaration be excluded, it will result in the miscarriage of justice because the victim being generally the only eyewitness in a serious crime, the exclusion of the statement would leave the court without a scrap of evidence,” the apex court observed.

However, the court has to be on guard that the statement of the deceased was not as a result of either tutoring, or prompting or a product of imagination, a Bench of Justices Arijit Pasayat and Asok Kumar Ganguly of the apex court said.

The Bench passed the observation while dismissing an appeal filed by Satish Ambanna Bansode who was convicted and sentenced to life imprisonment for killing his wife Satyawwa by setting her ablaze on October 5, 1999 in Mahrashtra’s Sangli district. PTI