STATEMENT RECORDED UNDER SECTION 161 Cr.P.C CAN BE TREATED AS DYING DECLARATION EVEN IF THE DEATH IS AFTER THREE MONTHS OF RECORDING THE STATEMENT UNDER SECTION 161 Cr.P.C.

The Hon'ble Supreme Court while deliberating on the said issue  in Criminal appeal no.1192 of 2018 (arising out of slp (crl.) No. 6225 of 2017) Pradeep bisoi @ Ranjit bisoi  Vs  State of Odisha  held decided on 10/10/2018 held the statement under section 161 Cr.P.C admissible  as Dying Declaration and observed “exception to what has been laid down in sub-section (1). The statement recorded by police under Section 161, falling within the provisions of clause (1) of Section 32 of Indian Evidence Act, thus, is clearly relevant and admissible.