LANDMARK CASE

Pakala Narayana Swami v. Emperor

AIR 1939 PC 47 · Privy Council · Evidence

At a glance

Citation: AIR 1939 PC 47
Court: Privy Council
Area of law: Evidence
In one line: Yes. Statements about the circumstances of the transaction resulting in death are admissible.

1 Facts

The deceased told his wife he was going to the accused's place to collect a debt, and was found dead.

2 Issue

Is the statement admissible as a dying declaration?

3 What the court decided

Yes. Statements about the circumstances of the transaction resulting in death are admissible.

4 Why it matters

The leading case on 'circumstances of the transaction'.

5 Think about it

How close must the statement be to the death?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

7 More cases on Evidence

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Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1
Bipin Shantilal Panchal v. State of Gujarat (2001) 3 SCC 1
Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801
State of Bombay v. Kathi Kalu Oghad AIR 1961 SC 1808
Tahsildar Singh v. State of Uttar Pradesh AIR 1959 SC 1012

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