Indian Kanoon - Search engine for Indian Law

a man about to die, does not lie". Therefore, the dying declaration is admissible and considered as evidence in Court and it is a crucial piece of evidence.

iii) The procedure to record dying declaration etc., are specifically mentioned in Section - 32 of the Indian Evidence Act. The burden to prove dying declaration lies on the prosecution. Prosecution is put to strict proof of dying declaration. If the Court is satisfied that the dying declaration is true and voluntary, it can basis conviction on it without corroboration. Court can reject suspicious dying declaration in criminal cases. In one of the judgments, the Hon'ble Supreme Court categorically held that it is not proper for trial Courts to look for loopholes in dying declarations. An incomplete dying declaration is also admissible. A dying person does not lie. Although there is neither a rule of law, nor of prudence that the dying KL,J declaration cannot be acted upon without corroboration, the Court must satisfy itself that the said dying declaration is true and voluntary and only then could it be the sole basis for conviction without corroboration.