In which of the following cases, the Supreme Court rejected the Dying Declaration which was recorded by…
State of UP v Shishupal Singh is the matching decision. In paragraphs 9–11 the Supreme Court noted the unexplained absence of the deceased’s signature, the missing date and…
Choose your answer
In which of the following cases, the Supreme Court rejected the Dying Declaration which was recorded by the Magistrate but which was not signed by the declarant?
Answer and explanation
Correct answer B
State of UP v Shishupal Singh is the matching decision. In paragraphs 9–11 the Supreme Court noted the unexplained absence of the deceased’s signature, the missing date and time, and surrounding suspicious circumstances, and found the declaration unsafe for conviction. It affirmed the acquittal. The case does not establish that every unsigned dying declaration is inadmissible: its cumulative defects and reliability were decisive.
Current law: BSA section 26(a) retains the relevant dying-declaration rule from 1 July 2024, subject to section 170’s savings. Neither provision imposes an absolute signature requirement independent of reliability.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttarakhand Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision