SECTION 32 OF THE INDIAN EVIDENCE ACT,

1872
A RESEARCH PROPOSAL SUBMITTED IN FULLFIILLMENT OF THE COURSE LAW OF
EVIDENCE FOR THE REQUIREMENT OF THE DEGREE B.A. LL.B (HONS.).

SUBMITTED BY:

NAVEEN KUMAR PANDEY

B.A LL.B (HONS.), 4th SEMESTER

ROLL: 1942

SUBMITTED TO:

DR. MEETA MOHINI

ASST. PROFESSOR OF LAW OF EVIDENCE

January, 2020

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA 800001

 INTRODUCTION

Dying declaration or ‘leterm mortem’ is based on the maxim, ‘nemo mariturus presumuntur mentri’ i.e.
a man will not meet his maker with lie on his mouth. The original understanding of a dying declaration
is a person who is nearing his death and describes the manner in which he sustained those injuries.
However dying declarations can have other subject matters as well.

According to Black’s Law Dictionary, ‘Dying Declaration’ is defined as, “statements made by a person
who is lying at the point of death, and is conscious of his approaching dissolution, in reference to the
manner in which he received the injuries of which he is dying, or other immediate cause of his death,
and in reference to the person who inflicted such injuries or the connection with such injuries of a person
who is charged or suspected of having committed them; which statements are admissible in evidence in
a trial for homicide (and occasionally, at least in some jurisdictions, in other cases) where the killing of
the declarant is the crime charged to the defendant.”

Under Section 32 of the Indian Evidence Act, 1872, (hereinafter referred to as IEA), there are eight
circumstances or cases enlisted where a dying declaration may be admissible. They are as follows:

1. When it relates to cause of death.

2. Or is made in course of business.

3. Or against interest of maker.

4. Or gives opinion as to public right or custom or matters.

5. Or relates to existence of relationship.

6. Or is made in will or deed relating to family.

7. Or in document relating to transaction mentioned in section 13, clause (a).

8. Or is made by several persons and expresses feelings relevant to matter in question.

HYPOTHESES:

 Dying declarations are an exception to the hearsay evidence non-admissibility rule set out under
section 63 of the IEA, which states that ‘oral evidence must be direct’.
  Statement made in the course of business should be contemporaneous one and entries made in
books and accounts need no corroboration.

 The statement about opinion as to public right or custom should be made ante litem mortem.

AIMS AND OBJECTIVES:

The following are the objectives of the study:

 To expand the knowledge of the Indian statutes.

 To understand procedural aspects of dying declaration.
 To understand the role of judiciary and the landmark cases that have become the law for dying
declarations.
 What kind of facts contained in the statement made by person who is dead or can’t be found or has
become incapable of giving evidence or whose attendance can’t be procured.

SCOPE AND LIMITATIONS:

The project limits itself to studying of several important provisions of Indian Evidence Act 1872 as
well as cases and judgments delivered and related to witness. The researcher’s study was even
limited by his understanding as there could be some basic observations which he might have failed
to put forward in the project due to limited understanding of the subject.

RESEARCH METHODOLOGY:

The researcher proposed to undertake the doctrinal and doctrinal method of research which include
books, journals, cases, reports and online research etc.

SOURCES OF DATA:

PRIMARY SOURCE: Codes, Enactments, Judgments etc.

SECONDARY SOURCE: Books, Reports, Research Papers etc.

MODE OF CITATION: Blubook 19th Edition.

CHAPTERIZATION:

1. INTRODUCTION
2. DYING DECLARATION
2.1. HOW A DYING DECLARATION SHOULD BE
2.2. WHO MAY RECORD A DYING DECLARATION
2.3.IMPORTANT FACTS TO BE REMEMBERED BEFORE RECORDING DYING
DECLARATION
2.4.THE CONDITIONS FOR ADMISSIBILITY AND EVIDENTIARY VALUE OF A DYING
DECLARATION
2.5.DYING DECLARATION: AN EXCEPTION TO THE RULE AGAINST HEARSAY
3. STATEMENT MADE IN COURSE OF BUSSINESS
4. STATEMENT MADE AGAINST THE INTEREST
5. THE STATEMENT ABOUT OPINION AS TO PUBLIC RIGHT OR CUSTOM
6. STATEMENT AS TO EXISTENCE OF RELATIONSHIP
7. PEDIGREE EVIDENCE
8. STATEMENT MADE IN A DOUCUMENT RELATING TO TRANSACTION
9. STATEMENT BY SEVERAL PERSONS RELEVANT AS TO MATTERS IN QUESTION
10. CONCLUSION.

BIBLIOGRAPHY:

BOOKS:

1. Justice M.R Mallick, Criminal Mannual (Criminal Major Acts), (Professional Book Publishers, 2019)
2. Batuk Lal, The Law Of Evidence (Central Law Agency, Reprint 22nd edn. 2018)
3. Dr. Avtar Singh, Principles Of The Law of Evidence, (Central Law Publications, 22nd edn. 2016)
4. R.V Kelkar, Criminal Procedure, Fifth Edition, 2008.

STATUTES:

1. Indian Evidence Act, 1872.

2. Criminal Procedure Code, 1973

WEBSITES:

1. http://www.legalservicesindia.com/article/1682/Dying-Declaration-Section-32(1)-of-
Indian-Evidence-Act.html
2. http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-
b9de496f8751/Custom/E_CONTENT_9TH_SEM_UNIT%20IV%20(1).pdf
3. https://blog.ipleaders.in/witness-statement/