Skip to main content

Dying Declaration Under the Indian Evidence Act

 Dying Declaration Under the Indian Evidence Act, 1872: At a quick Glance


  • What is a dying declaration?

The term "dying declaration" is not properly defined in the Act. It means s declaration made by a person through verbal communications, signs, conduct, or writing soon prior to his death or while he is on his death bed.

  • Relevant provision

Section 32 (1) of the Evidence Act deals with the admissibility of the dying declaration. It states that s statement whether verbal or written made by a person:

  1. Who is dead,

  2. Who cannot be found,

  3. whose presence is not possible in court without arbitrary delay is admissible when it relates to the reason of death.


  • Essentials of dying declaration

  1. The dying declaration must connect with the reason for his death only or refer to the situation/transaction which caused his death.

  2. The person making the declaration must be found dead after making such a statement. In case the person isn't found dead, the statement fails to be called a dying declaration and it might rather be considered as a statement under section 154 Cr.P.C. and 161 Cr.P.C.

  3. There much be the closeness in time in making the declaration and the time of death. This is very necessary while deciding whether the statement will fall in this category or not.

  4. The declarant must be mentally well and should be fully aware and be able to analyze the results of making his statement while giving it. It isn't important that the fact of mental fitness be approved by the doctor, however, if there is a medical certificate, then it proves to be more efficient and effective.

  5. A dying declaration can be made to any person: a magistrate, a doctor, police personnel, a friend, or any other person. However, if it is recorded under a magistrate then it is considered more authentic and reliable.

  6. The statement must not be vague and be complete. An incomplete statement will leave a loophole and more chances of fabrication thus, an incomplete statement will not be admissible.

  7. The declarant must be capable as a witness. 

  8. It is not important that the declarant is under the prediction of death while giving the statement.


  • Other important points

  • The term dying declaration is based on the maxim "Nemo moriturus presumuntur mentri" which means no one on the death bed is considered to be lying.

  • The dying declaration should be voluntary.

  • The person to whom statement/declaration is made or who records such declaration is known as a scribe.

  • As of the usual rule, hearsay evidence is irrelevant under the Indian Evidence Act. An exception of the hearsay rule is a dying declaration.

  • There is no rule of law that states that no conviction can be entirely based on the grounds of a dying declaration unless it is established with independent evidence. Thus, where a statement is full and reliable to the satisfaction of the courts, the courts can condemn a person on the grounds of a dying declaration.

  • The courts must work with caution while depending on a dying declaration as such statement is indirect but coming from a person who has either written or heard it, therefore there are chances of manipulation/filtration in the statement.

  • Dying declaration helps safeguard conviction in cases like dowry deaths, etc, where unambiguous evidence isn't available.

  • The statement must be explanatory as to the reason for the death of the declarant.

  • Such a statement is relevant in both civil and criminal proceedings.

  • A suicide note is not considered a dying declaration.

  • A signature of the declarant isn't necessary on the declaration. But it is effective to turn the statement into writing and a getting declarant's signator on it so as to reduce the chances of unnecessary exaggerations.

  • Where there is more than one dying declaration, then it is the liability of the Court to observe and scrutinize which of the declaration it should depend on.


  • FIR and Complaint as a dying declaration

An injured informant who gives a statement to the police as to the committing of an offense and dies after that, such statement can be considered as a dying declaration if it connects with the reason for the informant's death.

In a similar manner, a complaint by a person can be called a dying declaration if he dies after reporting the complaint and the complaint related to the cause of his death.


  • Relevant case laws

  1. Queen Empress v. Abdullah

This is one of the prominent case laws on the concept of dying declaration in which it has stated that there is no specific form of recording dying declaration. It can be through signs, conduct, or gestures as well.


  1. Khushal Rao v. the State of Bombay

The Supreme Court followed the principles established by the Privy Council in the case of Pakala Narayan Swami v, Emperor, which consists inter alia the following:

  • A dying declaration is not a fragile kind of evidence.

  • A dying declaration cannot be compared with the confession of a co-accused as it may not come from fabricated sources.

  • The importance of corroboration doesn't rise from the frangibleness of a dying declaration but from the fact that in a specific case, the specific declaration is not free from affliction.

 


Written by Parul Sharma.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...