Is Fear of Death Necessary? Supreme Court Explains Dying Declaration – 2025 Case#lawstudents

In the landmark judgment Neeraj Kumar @ Neeraj Yadav v. State of U.P. (2025), the Supreme Court clarified the true test for the admissibility of a dying declaration under Section 32(1) of the Indian Evidence Act. The Court held that imminent fear of death is NOT a requirement. A dying declaration is admissible if: The statement is logically connected to the cause of death, or It explains the circumstances that led to the victim’s death, Even if the victim had no awareness of their approaching death. The Court further clarified: A statement recorded under Section 161 CrPC becomes a dying declaration after the victim’s death under the exception of Section 32. The restriction under Section 162 CrPC does not apply. Magistrate’s presence is not mandatory. Doctor’s mental fitness certificate is not mandatory. Their role is only in assessing reliability, not admissibility. The objective of the law is simple: to ensure the victim’s truth reaches the Court, especially when the victim cannot testify. This is why dying declarations are given special evidentiary value. #judiciarypreparation #judicialbranch #lawstudents #supremecourt #indianlaw #indianevidenceact1872 #indianevidenceact #lawexplained #lawupdates #lawchannel #lawyer ‪@LEGALPAATHCOACHING‬