Examining The Viability Of Dying Declaration Under BSA: An Exception To The Hearsay Evidence Rule
- IJLLR Journal
- Feb 8
- 1 min read
Bharti Mishra, LLM, University of Allahabad, Prayagraj
ABSTRACT
The Indian Evidence Act of 1872, established during the British colonial period, has been a fundamental tool in guiding the admissibility of evidence in Indian courts. It has set the standards for what constitutes acceptable evidence, thereby upholding the principle of justice. With the enactment of the Bhartiya Sakshya Adhiniyam, 2023, which took effect on July 1, 2024, there have been notable revisions to the previous legislation. Despite these changes, the core objective of ensuring justice remains at the heart of the new Act. Judges are entrusted with the vital task of uncovering the truth by meticulously examining and analysing facts backed by credible evidence, thus piecing together a coherent account of events. A particularly significant aspect of legal evidence is the concept of a dying declaration—statements made by individuals who have died and cannot be cross-examined in court. These declarations carry substantial weight in establishing criminal responsibility, although their reliability can be challenging to assess. This article aims to explore the criteria for admitting dying declarations as evidence, review the procedural rules for their acceptance, and discuss various judicial interpretations from case law. It seeks to enhance understanding of how Indian courts handle and interpret dying declarations, underscoring their vital role in the judicial process.
Keywords: Dying Declaration, Admissibility, Evidentiary value.
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