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INDIAN LAW ON DYING DECLARATION

Section 32 of Indian Evidence Act deals with the cases in which statement of relevant
fact by person who is dead or cannot be found , etc is relevant.

The term dying declaration has not been defined in the Evidence Act but on mere
perusal of section 32, it can be defined as

A dying declaration is a statement made by a person who is dead as to cause of his


death or as to any circumstances of transaction which resulted in his death comes into
question, such statements are relevant under section 32 and whether the person who
made these was or was not, at the time when they were made, under expectation of
death and whatever may be in the nature of proceeding in which the cause of his death
comes into question.

ILLUSTRATION:
The question is, whether A was murdered by B; or A died of injuries received in a
transaction in the course of which she was ravished.
The question is, whether A was killed by B under such circumstances that a suit would
lie against B by As widow.
Statements made by A as to the cause of his/her death, referring respectively to the
murder, the rape and actionable wrong under consideration are relevant facts.

THE REASON FOR ADMITTING DYING DECLARATION IN


EVIDENCEA dying declaration is admitted in evidence on the principle Nemo moriturus
praesumitur mentire.

IN THE CASE OF ULKA RAM VS. STATE OF RAJASTHAN, it was held by the
honble Supreme Court that the admissibility of dying declaration rests upon the
principle that a sense of impending death produces in a mans mind the same feeling
as that of virtuous man under an oath.

IN THE CASE OF SHARAD BIRDICHAND SARDA VS. STATE OF


MAHARASHTRA, the honble Supreme Court held the following1. Section 32 is an exception to the rule of hearsay and makes admissible the
statement of a person who dies, provided the statement relates to the cause of
death.
2. The test of proximity cannot be too literally construed. Distance of time would
vary or depend upon the circumstances of each case.

3. It may be important to note that section 32 does not speak of homicide alone
but includes suicide also.
4. Where the main evidence consists of statements and letters written by the
deceased which are directly connected with or related to his/her death and
which reveal a tell-tale story, the said statement would clearly fall within the
ambit of Section 32 and therefore are admissible.

Propositions laid down by the Delhi High Court:


The law does not make any distinction between a dying declaration in which
one person is named and in which several persons are named as culprits. It is
wrong to think that a dying declaration becomes less credible of a number of
persons are named as culprits.

AS REGARDS THE RELIABILITY OF A DYING DECLARATION, the Delhi


High court held In order to pass the test of reliability, a dying declaration has to be subjected to
very close scrutiny. Once the court has come to the conclusion that a dying
declaration was truthful version as to the circumstances of death and the
assailants of the victim, there is no question of further corroboration.
If on the other hand, the courts after examining the dying declaration in all its
aspects, and testing its veracity has come to the conclusion that it is not reliable
by itself, then without corroboration it cannot form the basis of a conviction.
THE DELHI HIGH COURT HAS ALSO RULED THAT Dying declaration to be recorded by judicial magistrate- Where a person whose
evidence is essential to the prosecution of a criminal charge or to the proper
investigation, is in danger or dying before the enquiry proceedings or the trial

of a case commences, his statement is possible, be recorded by a Judicial


Magistrate.

RECORDING OF DYING DECLARATION:Indian Law does not provide any prescribed manner for recording a dying
declaration. But ideally it is recorded in narrative form in the local dialect.
Calcutta High Court has ruled that where a dying person is unable to speak and can
make only signs to the question put to him, such signs are admissible in evidence.
It is not necessary to record dying declaration in the form of questions and
answers.

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