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Showing posts with label dying declaration. Show all posts
Showing posts with label dying declaration. Show all posts
Saturday, 25 April 2026

How session judge should appreciate multiple dying declaration?

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 You can explain it in interview as a simple filtering process : first see whether each dying declaration is trustworthy by itself, then com...
Sunday, 15 March 2026

Supreme Court: Recovery Of A Weapon From An Open Place Accessible To All Not Reliable U/ S of 27 Evidence Act

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27.1. This Court has, in various judgments, clarified this position. Illustratively, in Jaikam Khan v. State of U.P. MANU/SC/1259/2021 : (20...
Tuesday, 10 February 2026

The Person Who Wrote It Matters: Why “Who Recorded the Dying Declaration” Can Make or Break a Case

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  Proper Identification of the Recording Officer in Dying Declaration Cases Proper identification of the recording officer is a critical p...
Sunday, 3 August 2025

When Love Turns Lethal: The Legal Tightrope of Abetment to Suicide in Marital Disputes

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  The Case That Reveals Complex Legal Realities In the tragic intersection of domestic conflict and criminal law, a deeply disturbing case ...
Sunday, 6 July 2025

Principles To Be Followed In Case Of Multiple Dying Declarations

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  Principles To Be Followed In Case Of Multiple Dying Declarations The Supreme Court of India has established comprehensive principles for ...
Wednesday, 2 July 2025

Supreme Court: Principles To Be Followed In Case Of Multiple Dying Declarations

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  When dealing with multiple dying declarations , courts in India follow certain well-established principles to ensure that justice is serve...
Sunday, 19 November 2023

Landmark Supreme Court Judgment on Dying Declaration

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PRINCIPLES IN REGARD TO DYING DECLARATIONS 1 1. Section 32 the Indian Evidence Act, 18723 relates to statements, written or verbal of releva...
Tuesday, 24 October 2023

Supreme court : Principles To Be Followed In Case Of Multiple Dying Declarations

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 Having considered various pronouncements of this Court, the following principles emerge, for a Court to consider when dealing with a case i...
Sunday, 22 October 2023

Under which circumstance the court can convict accused for offences U/S 498A and S 306 of IPC even though accused were not charged under those sections?

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 Omission to frame charge does not disable the court from convicting the Accused for the offence which is found to have been proved on the e...
Sunday, 27 August 2023

Supreme Court lays down principles for appreciation of Dying declaration evidence

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There is no hard and fast rule for determining when a dying declaration should be accepted; the duty of the Court is to decide this question...
Thursday, 26 January 2023

Can the court acquit the accused by relying on ocular evidence and discarding the dying declaration if the Deceased Was Adversely Motivated?

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 Considering the facts and the law discussed above, it emerges that where it is proved that the mental condition of the deceased was motivat...
Thursday, 15 December 2022

Whether injured person can be contradicted with his dying declaration treating it as his previous statement?

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  The Executive Magistrate had purportedly recorded a  statement of P.W.1 Jagannath in the form of a dying declaration. In  view of Section ...
Sunday, 11 September 2022

Questions and answers on law (Part 53)

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  Q 1 :- What is Dying declaration? Ans:- A dying declaration is a statement made by a dying person as to cause of his death or as to any of...
Sunday, 15 May 2022

Whether the court can rely on dying declaration of wife for convicting husband for an offence U/S 498A of IPC?

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   A reading of the above pronouncements makes it clear that, in some circumstances, the evidence of a deceased wife with respect to cruelty...
Sunday, 10 April 2022

Can the court refuse to rely on a dying declaration if there was no extreme emergency when it was recorded?

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  The submission on behalf of the accused relying upon the decision of this Court in the case of Laxman (supra) that the day on which the dy...
Saturday, 19 February 2022

Can the court convict the accused if the common thread runs through multiple dying declarations?

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  10.2 Kushal Rao V. State of Bombay, AIR 1958 SC 22:1958 SCR 552 is a watershed judgment on the law on the evidentiary value of dying decla...
Saturday, 11 September 2021

How to appreciate evidence if there are Oral and written multiple dying declarations?

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Following are the principles laid down by the Hon’ble Supreme Court  in case of Purushottam Chopra and another Vs. State (Government of NCT ...
Saturday, 6 March 2021

Whether the court should disbelieve the dying declaration if the deceased's relatives were present in the hospital when her dying declaration was recorded?

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Further, merely because the parents and other relatives of the deceased were present in the Hospital, when the statement of the deceased was...
Tuesday, 10 November 2020

Whether court can treat Suicide Note as Dying Declaration?

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Whether Suicide Note can be treated as Dying Declaration: 29. Nilesh (P.W.-7), brother of the victim has also produced the suicide note (Ex....
Monday, 4 May 2020

Important Notes on Criminal Procedure Code

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1)Notes on appeal to session court https://www.lawweb.in/2018/05/notes-on-appeal-to-session-court.html 2)Notes on tender of pardon to...