Dying Declaration--Extensive Burn Injuries--Mental Fitness Not Extent of Burns Determines Admissibility Under Section 32 Evidence Act
The percentage of burn injuries suffered by a declarant does not determine the admissibility or reliability of a dying declaration under Section 32(1) of the Indian Evidence Act. The decisive test is whether reliable evidence shows the declarant was mentally fit and capable of making the statement at the time. A dying declaration is liable for rejection only if the declarant was unconscious or otherwise incapable of making a statement. A truthful and voluntary dying declaration can form the sole basis of conviction without corroboration, and one recorded by a Judicial Magistrate carries higher evidentiary value.
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