Under which provision of the Indian Evidence Act, 1872 dying declaration may be admitted as evidence?
Explanation & Strategy
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Section 32(1) admits dying declarations — statements about the cause of death or circumstances leading to death. Notably, the declarant need NOT have been under expectation of death at the time (unlike English law). The statement is admissible regardless of the nature of proceeding.
The text reads: Section 32(1): Statement by a person as to the cause of his death, or circumstances of the transaction resulting in death, is relevant (dying declaration).
BSA S.26 retains dying declaration provisions from Evidence Act S.32.