dying declaration Archives

Whether the statement of deceased to the police and treating doctors pass the test of dying declaration? Allahabad High Court answers

Allahabad High Court reiterated that the dying declaration recorded by a police officer, can be acted upon if the same is found to be true, coherent, consistent, and free from any effort to prompt the deceased to make such a statement.

Case Briefs High Courts

Madras High Court sets aside conviction of a woman who set her minor daughter on fire for offence under Section 302 IPC; Commutes Life sentence to 10 years RI

Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment

Case Briefs High Courts

‘Contradictory Dying Declarations containing consistent statements about abuse and cruelty can be considered’;Telangana High Court upholds conviction of husband

The Telangana High Court upheld the conviction of a husband under Section 498A of Penal Code, 1860 (IPC) despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations.

Case Briefs High Courts

“Death was not pre-meditated”; Allahabad High Court modifies conviction under Section 302 IPC into Section 304 IPC

Allahabad high Court: In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the

Case Briefs High Courts

Allahabad High Court | Parity can only be persuasive in nature and cannot be binding; Bail orders not to be given without assigning any reasons

Allahabad High Court: While dismissing the bail application in case registered under Section 302, 120-B Penal Code, 1860, Sameer Jain, J. held

High Court Round Up Legal RoundUp

100 Reports from 22 High Courts | Marital Rape, Taj Mahal Case, Maternity Benefit, Right of Press, Provocative Slogans and more | May RoundUp 2022

TOP STORY OF THE MONTH Marital Rape Split Verdict on Criminalisation of Marital Rape| Can a Husband be labelled as a rapist?

Case Briefs High Courts

Dying declaration is by itself sufficient to convict an accused of accusation levelled against him provided dying declaration is found to be voluntary, truthful and hence, could inspire confidence of Court: Bom HC

Bombay High Court: While addressing a matter with regard to a husband setting ablaze his wife, the Division Bench of Sadhana S.

Case Briefs High Courts

Del HC on ‘Dying Declaration’ of a woman set ablaze by the husband: Conviction of Murder upheld

Delhi High Court: While upholding the decision of Trial Court, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., reiterated that dying

Case Briefs Supreme Court

Husband & Sister-in-law walk free after deceased’s dying declaration fails to “inspire confidence” in a 30 year old case; Supreme Court explains the yardstick for admissibility of a dying declaration

Supreme Court: The bench of Navin Sinha and Krishan Murari, JJ has held that there cannot be any rigid standard or yardstick

Case Briefs High Courts

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for

Case Briefs High Courts

All HC | Court should not be too technical when it feels convinced about trustworthiness of dying declaration, which if inspires confidence, can be acted upon, without any corroboration

Allahabad High Court: The Division Bench of B. Amit Sthalekar and Shekhar Kumar Yadav, JJ., held that dying declaration can be acted upon

Legislation Updates Notifications

Mandatory action by police in cases of crime against women: Advisory by MHA

Government of India has taken steps to strengthen legislative provisions to deal with incidents of sexual offences against women and girls. Government

Case Briefs High Courts

Bom HC | Act of pouring kerosene on the person of deceased and setting her on fire amounts to culpable homicide amounting to murder

Bombay High Court: A Division Bench of S.M. Gavhane and T.V. Nalawade, JJ., while partially allowing the appeal, held that, “…with regard to

Case Briefs High Courts

Bom HC | “Person who pours kerosene on someone and sets him on fire has no right to say that he had no knowledge that it would cause death” – Conviction under S. 302 IPC upheld

Bombay High Court: A Division Bench of M.G. Sewlikar and T.V. Nalawade, JJ., upheld the decision of the trial court to convict

Case Briefs High Courts

Bom HC | “Conduct cannot be seen divorced from totality of circumstances”; Conviction altered from S. 302 to 304 Part-II IPC

Bombay High Court: A Division Bench of Ranjit More and Surendra P. Tavadae, JJ., while disposing of the present appeal altered the

Case Briefs High Courts

Bom HC | Murder convict set free where dying declaration had deceased’s thumb impression with clear ridges despite 100 percent burn injuries

Bombay High Court: A Division Bench of P.N. Deshmukh and Pushpa V. Ganediwala, JJ., allowed a criminal appeal filed against the order

Case Briefs High Courts

Raj HC | Conviction on the basis of dying declaration upheld where it inspired confidence

Rajasthan High Court: A Division Bench of Sabina and Goverdhan Bardhar, JJ., while dismissing the appeal upheld the judgment passed by the

Case Briefs High Courts

Chh HC | FIR registered by victim is admissible as dying declaration if the victim dies before examination in Court

Chhattisgarh High Court: Prashant Kumar Mishra, J. disposed of a criminal appeal where he altered the conviction of the appellant from the one

Case Briefs Foreign Courts

Pak SC | Dying Declaration: Exception to direct rule of evidence – requires demonstration of no extraneous prompting by anyone to declarant

Supreme Court of Pakistan: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. set

Case Briefs High Courts

All HC | Dying Declaration: Administration of oath to the deceased before recording his declaration, does not render its credibility doubtful

Allahabad High Court: A Division Bench of Pritinker Diwaker and Ali Zamin, JJ. dismissed an appeal filed by the accused and held