Supreme Court: Imminent Death Not Needed for Statement to Qualify as Dying Declaration

The Supreme Court held that a statement need not be made in expectation of imminent death for it to qualify as a dying declaration under Section 32(1) of the Evidence Act.

The case arose from a shooting incident where the victim implicated her in-laws in Section 161 CrPC statements, implicating her in-laws for instigating her husband to shoot her.

Both the Trial Court and High Court had refused to treat her statements as dying declarations, noting that her death occurred nearly two months after the statements were recorded.

The apex court clarified that the statements relate to the cause of death or circumstances leading to it, and are admissible for summoning accused under Section 319 CrPC.

[Neeraj Kumar @ Neeraj Yadav v. State of U.P. & Ors.]