Essentials of a Dying Declaration #law #judiciary #evidenceact

Today we will learn about the essential requirements of a dying declaration We've already learned in the previous video what a dying declaration is But today we'll explore its essential requirements That is what requirements must be met for a dying declaration to be valid To have it accepted in cour Not every dying declaration is necessarily admissible So there are some essential requirements that we need for this That requirement is mandatory and when needed it is also acceptable in court And together they also constitute a valuable piece of evidence So I hope you're all already familiar with the concept of a dying declaration If you haven't seen that video you can watch it in the video playlist And I'll also add its link in the description here So regarding Section 32 Clause 1 of the Indian Evidence Ac We are currently reading about what the essential requirements are today So without wasting any more time let's get this video started essential requirement as you all have read these are some necessary requirements Those that render a dying declaration admissible The first point is to whom the statement is being made and its form What statement was made and in what manner was it delivered This is a very important matter and it was said under such circumstances It depends on what this thing concludes How acceptable would that be in court Let me put it simply: Look who's making this statement now—when someone is dying He won't be searching for any specific person not even if I die right in front of him What did he tell and to whom before he died It will certainly depend on how valuable the things it says turn out to be If any of these four has been informed but specifically a doctor and a magistrate have been told then it must be the doctor it must be the magistrate if a statement has been made to them its evidentiary value will be significant But it will be slightly less than what the magistrate and doctor stated okay so the first point is that it must specify who was given the statement—this is an essential requirement The value given to a dying declaration depends on the magistrate and doctor's assessment not on that of a police officer or relatives A low value is inherent in this which is the second point: no specific form of recording a statement is prescribed and the statement could be written at he'll give his statement in a certain way since a dying person before passing away tends to share something about their death so we'll mention that briefly Whether you ask me a question I could simply respond or it could be auditory or even verbal—meaning my gesture too And a dramatic dying declaration isn't something I'd ever do Now they know who's behind this Queen Empress Varsaj Abdulah 1885 where the deceased girl's throat had been cut and she was unable to speak she indicated the name of the suspect by gesturing with her hand He indicated it with a gesture of his hand We also asked what relevance this has to a dying declaration Therefore there is no prescribed form for a dying declaration It's up to you to decide who should receive it But remember one thing—once you give it to the doctor or the magistrate It will be on the upper side of the hinge this is the first point the second is Second What else is there now Before trusting the statement in question It's not necessary for him to be re-certified by a doctor How exactly the death occurred the doctor will explain now And as she has explained it's not necessarily essential for us to do this at the code will have to convince itself that yes this The records are all reliable and trustworthy Alright if his words are worth trusting then this chak is Warasi State v Karla is an important case law In a dying declaration this is denied by you at he should have died because if he were alive he should have In no circumstances is he alive in the hospital so his The one who is cutting can always be cut in return Because when it's in the exact right position to enter the code It will be worth more than when it's completely was in a dying condition which is why a dying declaration is considered value must be provided if it is to be stored in the code then that which is She stated that he should have died otherwise he wouldn't be dying now The value of the declaration will because the term dying declaration means It is that the man has died and his death itself is the question s made death does not necessarily occur immediately provided the person making the statement survives s inadmissible as a dying declaration but it might still be relied upo under section 156 they are always ready for corroboratio It remains in her statement but not in the dying declaration It wouldn't have value if it were alive He said "Our Gajool Soore Parakash " The 2010 case from Varase State is the latest one Furthermore the deceased must be proven to have died as a result of injuries sustained in the incident meaning where he made a statement shortly thereafter after sustaining an injury he was hospitalized and later discharged but five days later he died from a high fever according to the statement His account of the injuries is completely inadmissible He's not saying that it's not the case that he's talking about it First it got better then after that about five or ten days later After returning home he developed a fever Then he Dead his statement from ten days prior is now If the dying declaration is not accepted I hope The statement must relate to the cause of his death and the circumstances surrounding it If they don't accept the Dying Declaration I hope we move forward with the second clarification What does it say about the statement having to relate to the cause of his death What does it say about the statement needing to relate to the cause of his death and the circumstances If you reveal anything else about someone else—like how their death occurred or that I was responsible or anything at all—then that declaration won't be considered dying words If theft occurred that way and he claims my death happened like that then there's no weight to it because his death itself should have been part of the plan If everyone already knows the death was natural meaning it occurred under normal circumstances then anything else he claims has no value at all—so the cause of death must be clearly established as either yes or no and precisely how he died He pointed out that if I were to die a death declaration would be necessary and moving forward the statement must be complete and consistent—absolutely correct because if we're going to sentence someone based on another person's statement we must ensure its accuracy and integrity So if we punish someone they might be innocent therefore we must verify that the statement provided is complete consistent and can be corroborated This case involves Ojha vs State of Bihar and the Supreme Court Also made clear that we won't dismiss any of these details—whether she wore the dress came from that house or arrived in that car—we'll consider them all valid but if there's any point that needs clarification please specify We will consider his testimony valid in the code if a child is dying as this is clearly a matter of life and death and even if he were alive we would still regard his testimony as valid The statement is only valid if the code is valid otherwise when someone dies we can't issue a statement so the valid statement will only be given to the person who received it while alive—meaning the child's dying declaration which has already been deemed admissible In other words we can consider the EFAIR as a dying declaration where the three cases of law completely clear the entire top so listen carefully from Dihana As Ephi wrote you were absolutely in that condition and then you died It was considered relevant as a dying declaration Because the final statement itself is what constitutes a dying declaration He has now recorded his final statement as an F I R So what's the problem It was accepted as completely valid K Ramachandra Reddy vs Public Prosecutor 1976 You will note this in this case it has been stated If no F I R was filed and we only submitted a complaint to the police It can also be considered a dying declaration But that statement should be the final one The cause of death is the final condition and it must be the immediate cause of death That's not the case—she filed an F I R and then calmly went home There should be no consistent gap It should be his final statement Thus we consider it valid Third case It was stated that if the police have recorded it the That's fine valid no problem at all But it will have to satisfy the prosecution itself at he will say the time wasn't available Stayed here at this police station all along Or was it something else entirely The road has already become crowded so police will also take a record But if the situation had been different there would have been a chance they could have reached the magistrate and doctor in time To call them to inform them Then a question can be raised about it And it will have to satisfy the prosecution The court if it accepts it then we consider that dying declaration relevant They will believe and if they cannot Thus the court may reject it this was an FIR presented as a dying declaration So if were to answer in one word it would be yes The FIR is also considered a valid dying declaration I hope you now fully understand this topic Essentials of dying declaration This is a very important topic If you enjoyed this video and my hard work Like the video Subscribe to the channel Because it will keep featuring informative videos And whatever I've done here These can perfectly match your needs Create notes in Copy After that the printout came out of the WY-A Whatever needs to be done you are absolutely useful These are absolutely casual notes Exactly what you'll need for your home improvement projects So you can take advantage of it And share this video with your friends Thank you so much Babaai