Dying Declaration – Sec 32(1) of Indian Evidence Act, 1872.

Description of IPC Section 108​

Dying Declaration means a statement written or oral of relevant facts made by a person who is dead. It is enumerated under section 32(1) of Indian Evidence Act, 1872. It is related to the cause of death of declarant. It is considered as one of the credible and trustworthy evidence based upon belief that most people know that they are about to die do not lie. It is an exception to the hearsay rule.

The importance of dying declaration is based on the maxim “nemo mariturus presumuntur mentri” which means truth sits upon the lips of a dying man. It does not require any corroboration as long as it inspires confidence in the mind of the judge and it is free from any form of tutoring. It has to be judges in the light of surrounding circumstances.

Description of IPC Section 108A​

According to section 108A of Indian penal code, A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Pakala Narayan Swamy v. Emperor, AIR 1939 –

The statement made by the deceased to his wife that he was going outside the town to collect money from the accused was admissible under section 32(1).