• Dying declaration

What is the time limit to file fir regarding dying declaration
Asked 7 years ago in Criminal Law
Religion: Hindu

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11 Answers

Dying Declaration is a legal concept refers to the effect that the statement which is made by a dying person explaining the circumstances of his death. The word Dying Declaration itself tells the meaning.

 

A statement by a person who is conscious and knows that death is imminent concerning what he believes to be the cause or circumstances of his death. A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that their about to die “do not lie”. As a result, it is an exception to the general rule “hear say”, which prohibits the use of a statement made by some one other than the person who repeated it while testifying during trial.  

 

The same will hold valud if the person of concous that he would die, the DD if dubious shall not be relied upon.

 

Regards 

 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

What do you mean by filing FIR in relation to DD?

Kindly explain the question in detail. 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

There is no as such time limit prescribed where a person makes a dying declaration for reason of death then FIR can be filed on same in reasonable time. Under Indian criminal law an offence can be reported any time except few .

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In a case decided by the Apex Court, the deceased who had made the dying declaration was seriously injured, but was conscious throughout when making the statement. The Court held that mirror incoherence in his statement with regard to facts & circumstances would not be sufficient ground for not relying on his statement, which was otherwise found to be genuine


In a case decided by the Apex Court, the deceased who had made the dying declaration was seriously injured, but was conscious throughout when making the statement. The Court held that mirror incoherence in his statement with regard to facts & circumstances would not be sufficient ground for not relying on his statement, which was otherwise found to be genuine

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) no time limit for filing FIR 

 

2)  But it is expected that FIR should be filed without any undue delay. 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As per provisions of Indian Evidence Act if a person is not heard for seven years or more, he is presumed to have been dead. So you can file a suit for declaration and you will get the declaration from the court. However you need to take care of few things in such a case:

  1. You must have taken all options for finding out through police, blood relatives, friends and advertisement in the newspaper
  2. File a suit in the civil court for the declaration of his death. Attach all the documents and newspaper, the efforts taken by you to trace him and also an affidavit from close blood relatives stating the entire issues till date.
  3. Once the court orders, produce the same, get it recorded in the death register in the Municipal/Taluk office of the place. Then they will issue the death certificate of that particular person.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If somebody is giving a dying declaration that will be the concrete evidence against the accused and he will be charged accordingly but in case the person who was about to die survive then the statement will be tested in the court by the opposite party.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

if a person makes a dying declaration then he does not commit any offense warranting filing of a FIR

if the person is alive despite the dying declaration then such declaration is of no consequence

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. No time limit. Even if there is a limit, ot will be condoned. 

 

2. If she is aiive, then ut will be treated as her statement .

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

There isnno time limit for filing the FIR, it should be filed immediately and they have to give an explanation about the delay in lodging the complaint

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

After dying declaration. If she is live what will happen?

Then the action will be initiated to the events that took place at that time only.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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