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ARTICLE · 28 AUGUST 2020

Dying Declaration Or Self Immolation Of The Victim: What Should The Courts Believe?

The admissibility and reliability of dying declaration of the victim have always been a very debatable aspect for the Courts to opine and to base the conviction of the Accused.

IndiaLitigation, Mediation & Arbitration

INTRODUCTION:

The admissibility and reliability of dying declaration of the victim have always been a very debatable aspect for the Courts to opine and to base the conviction of the Accused. However, during the past few years through a catena of judgements, the Hon'ble Apex Court and various other High Courts have unearthed this controversial debate by taking a liberal yet pragmatic approach, laying several principles governing its admissibility and reliability. S.32 of the Indian Evidence Act, 1872 gives statutory recognition to dying declarations. Recently, in Purshottam Chopra & Another v/s. STATE (GOVT. OF NCT DELHI) the Apex Court has once again, by revisiting certain judicial precedents in detail, explained the basis and its comparision in relation to dying declaration and self immolation of the victim.

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