Published Paper Details:

A dying declaration holds a unique position in the realm of criminal law, particularly in cases of homicide or grievous injury, where the victim's statement about the circumstances of their impending death is considered crucial evidence. Under Section 32(1) of the Indian Evidence Act, a dying declaration is an exception to the hearsay rule, based on the belief that a person on the verge of death is unlikely to lie, as "truth sits upon the lips of a dying man." The declaration is admissible in court even if it is the only evidence available, provided it meets certain criteria regarding its reliability and voluntariness. This article explores the evidentiary value of dying declarations, focusing on their reliability, admissibility, and judicial interpretation in Indian courts. It delves into the legal framework governing such statements and examines key judicial rulings that have shaped the courts' approach. While the Indian legal system has allowed convictions solely based on dying declarations, the courts remain cautious about their use, ensuring that the statement is free from influence, coherent, and credible. Challenges such as improper recording, inconsistencies, and the mental state of the declarant are addressed, making it imperative for judicial scrutiny to maintain a balance between upholding justice and ensuring fair trial standards. This analysis also highlights the ongoing relevance of dying declarations in modern criminal trials and their potential future implications within the Indian legal framework.