Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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
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.
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.
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.
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.