Admissibility of Dying declaration as per Section 32 of the Evidence Act.

The admissibility of a dying declaration as evidence is based on the legal principle of The legal maxim "nemo moriturus praesumitur mentire" meaning "a person who is about to die is presumed to be speaking the truth".

it is often cited in relation to the admissibility of dying declarations. This maxim reflects the common law principle that a dying person is unlikely to lie or make false statements when faced with their own mortality.

This is why a dying declaration is regarded as a crucial piece of evidence. However, The statement will still be evaluated by the court, which will also take into account all the relevant circumstances and facts.

Now, let’s look at the conditions that must be satisfied for a dying declaration to be admissible?:

1. The statement must have been made by a person who is dead or who cannot be found, or who has become incapable of giving evidence due to his or her physical or mental condition.
2. The declaration must be related to the reason for the person's demise or the events that led to it.
3. The statement must have been made voluntarily and without any external pressure or influence.
4. The person making the statement must have had a clear and sound mind and sufficient opportunity to observe and remember the facts that he or she is stating.
5. The claim must be supported by additional evidence.

Overall, the admissibility of a dying declaration as evidence in a criminal trial is a complex issue that requires careful consideration because it is a type of hearsay evidence,?

Meaning it is a statement made by a witness other than the one who is testifying in court. The Indian Evidence Act recognises the unique circumstances surrounding a dying declaration and permits it to be admitted into evidence under certain situations, despite the fact that hearsay evidence is typically not admissible in court since it is regarded as untrustworthy.

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