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§26

Dying Declaration

Plain-English Summary — Not Verbatim Statutory Text

A statement made by a person about the cause of their death, or the circumstances of the transaction that resulted in their death, is admissible as evidence — even though the person isn't available to be cross-examined, because they've died.

  • This is one of the core exceptions to the general rule that only a live, cross-examinable witness's testimony counts — the person's own last account of what happened to them is treated as reliable enough to matter.

If someone dies from an assault, accident, or crime and made a statement about what happened before dying, that statement can be used as real evidence in the case, even though the person themselves can never be questioned about it.

This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.