The 'dying declaration' in Indian law — admissible as evidence under the BSA 2023 — is considered reliable on the principle that:
- A It is made before death renders cross-examination impossible, thus automatically the most reliable evidence
- B 'Nemo moriturus praesumitur mentire' — a person at the point of death is presumed not to lie, and courts may convict on it alone without corroboration if it is consistent and coherent ✓
- C It is a confessional statement and carries the weight of a formal admission of guilt
- D It must always be recorded by a magistrate to be admissible
Explanation
The dying declaration is admissible under the maxim 'Nemo moriturus praesumitur mentire' (no one about to die is presumed to lie). Indian courts have consistently held (Padam Singh v. State of UP, 2009) that a dying declaration, if voluntary, coherent, and free from tutoring, can form the sole basis of conviction without corroboration. The declaration does not need to be recorded by a magistrate — it can be recorded by a doctor, police officer, or any competent person. A magistrate-recorded declaration carries greater evidentiary weight but is not mandatory for admissibility.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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Written and medically reviewed by the StethoPrep medical team.