Dying Declaration Admissibility: Unveiling Legal Significance and Medical Corroboration


Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Dying Declarations. In today’s blog post, we aim to shed light on the prevailing issues surrounding Dying Declarations, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. 

Meaning of Dying Declarations

A dying declaration is a statement made by an individual who believes their death is imminent, providing details about the circumstances leading to their impending demise.

Admissibility of Dying Declarations: The admissibility of dying declarations varies by jurisdiction and legal system. In many jurisdictions, including India, the admissibility of dying declarations is recognized under specific legal provisions. For example, Section 32(1) of the Indian Evidence Act addresses the admissibility of statements made by a person regarding the cause of their death or related circumstances.

Medical Reports

Medical reports may play a crucial role in establishing the conditions under which the dying declaration was made. The examining physician’s observations and documentation can provide insights into the mental and physical condition of the declarant at the time of making the statement. Medical reports may corroborate or challenge the conditions described in the dying declaration, influencing its admissibility and reliability.

Relevance of Dying Declaration to the Cause of Death

A dying declaration must strictly relate to the cause of death or circumstances leading to it, as specified by Section 32(1) of the Evidence Act. Lengthy narratives detailing incidents before the fatal event may raise suspicions about the statement’s authenticity.

Formlessness of Dying Declaration

Dying declarations do not adhere to a specific form, as emphasized by the Supreme Court in various cases. The focus lies on capturing the essence of what transpired, and the statement’s crux, such as who committed the act and why, takes precedence.

Cautionary Rule for Medical Statements

While medical evidence often determines a declarant’s mental state, the absence of a medical fitness statement does not render a dying declaration unacceptable. Courts rely on the testimony of those recording the statement, such as a magistrate, provided it is deemed voluntary and truthful.

Role of Medical Reports

Medical reports, integral in criminal cases, serve as evidence in court. They include assessments of the declarant’s mental condition and fitness to provide a statement. Forensic and autopsy reports complement dying declarations, verifying the accuracy of statements.

Case Example and the Crucial Role of Medical Reports

A case example underscores the significance of medical reports. The deceased’s mother claimed her son made a dying declaration, which raised questions about the absence of witnesses. The autopsy report, however, corroborated the timeline and supported the admissibility of the mother’s statement in court.

Challenges and Confirmations in Medical Reports

In situations where doubts arise about the veracity of a dying declaration, medical reports become crucial. If a report contradicts the statement, suspicion may arise, but a report confirming the deceased’s fitness during the statement negates the need for a separate assessment by a magistrate.

Importance of Doctor’s Endorsement

When a magistrate records a dying declaration, the statement must be endorsed by a doctor to enhance its evidentiary value. However, circumstances may lead to doctors recording statements, and their understanding of the deceased’s condition plays a crucial role in determining the statement’s validity.

Dowry Death and Contradictions in Statements

In cases of dowry deaths, where a wife is burnt by her husband or relatives, the expression of danger in a dying declaration becomes crucial. Contradictions in the deceased’s statement, especially when motives to lie are apparent, may lead to a decrease in its evidentiary value.

Exceptions to Admissibility

Several circumstances may render a dying person’s statement inadmissible in court. These include inconsistencies, statements influenced by pressure, incompleteness, and statements not aligning with the prosecution’s narrative.

Conditions for Reliability of Dying Declarations

For a dying declaration to be deemed reliable, certain conditions must be met, including the declarant being in a fit mental state, recording in question-answer form, and being free and spontaneous. Doctor’s opinions and medical certificates supporting the declarant’s capability to understand further strengthen the statement’s credibility.


Understanding the legal intricacies surrounding dying declarations is vital for ensuring their admissibility and reliability in court proceedings. This article delves into key cases and principles, shedding light on their significance in the Indian legal landscape.

We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to the  Indian Evidence Act 1872.

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