Pakala Narayana Swami v Emperor (1939) is significant in Indian evidence law for laying down that
AHearsay is fully admissible in murder trials
BDying declarations need not be recorded by a Magistrate
CA police officer's testimony is conclusive
DUnder Section 32(1) IEA, 'circumstances of the transaction' which RESULTED in death must have a SUFFICIENTLY proximate relation to the death; statements wholly unconnected with the cause of death are inadmissible
Answer & Solution
Correct answer: D. Under Section 32(1) IEA, 'circumstances of the transaction' which RESULTED in death must have a SUFFICIENTLY proximate relation to the death; statements wholly unconnected with the cause of death are inadmissible
Pakala Narayana Swami (Lord Atkin) is the seminal authority on the scope of s32(1). The 'circumstances of the transaction' phrase requires close proximity to the death — not necessarily contemporaneous but causally related.
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