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1 - 5 of 5 (0.27 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
Rabi Chandra Padhan And Ors. vs State Of Orissa on 16 August, 1979
It is only when the persons competent to record dying- declaration are not available or the patient is not in a fit condition to make statement then only the dying declaration can wait. If there is long interval between the admission of the patient in the Hospital at the behest of the police machinery and the actual recording of the dying declaration then the possibility of the victim having been tutored cannot be ruled out. Such a delay in recording dying declaration will have to be explained by the prosecution. As pointed out by Supreme Court in Rabi Chandra Pradhan and others v. State of Orissa, recording of dying declaration should preferably be in question and answer form. Though it is not a legal mandatory requirement, it is to ensure that the exact words used by the victim while giving declaration are reduced in writing and there is no room for colouring. Secondly, it will have to be ensured that at the time of recording of the dying declaration (if it is recorded by a Magistrate) no person other than the Magistrate and the Medical Officer should be there near the person giving dying declaration. This is to assure that the patient is neither tutored nor detered. These are essentials to attach credibility to dying declaration.
Section 32 in The Indian Evidence Act, 1872 [Entire Act]
Section 162 in The Indian Evidence Act, 1872 [Entire Act]
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