Q. Consider the following statements regarding Dying declaration
1.The presence of a Judicial or Executive Magistrate is compulsory to record a dying declaration.

2.A dying declaration is considered as credible and trustworthy evidence in India

3.A dying declaration cannot be the sole basis for conviction.

Which of the above statements is/are incorrect?

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

Answer: C

Recently, a special CBI court convicted two policemen and awarded them life sentences for the custodial death of a murder accused who was burnt alive inside a police station. The judgment relied heavily on the ‘dying declaration’ made by the victim prior to his death.

What is the Dying Declaration?

  • The Dying Declaration is the statement of a person who had died explaining the circumstances of his death.
  • A dying declaration is consideredcredible and trustworthy evidence, based upon the general belief that most people who know that they are about to die, do not lie.
  • Section 32 of the Indian Evidence Act deals with the cases related to that person who is dead or who cannot be found.
  • Anyone can recordthe dying declaration of the deceased as per law. The law does not compulsorily require the presence of a Judicial or Executive Magistrate to record a dying declaration.
  • A dying declaration can formthe sole basis of conviction. The rule requiring corroboration is merely a rule of prudence.

Source: What is a dying declaration, and when can it be set aside?