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Evidentiary Value of Dying Declarations: A Legal Analysis, Summaries of Law

Tamil Nadu Dr. Ambedkar Law UniversityLaw

A comprehensive overview of dying declarations in legal proceedings, exploring their significance, types, recording procedures, evidentiary value, and admissibility. It delves into relevant legal principles, case laws, and statutory provisions, highlighting the importance of dying declarations as a crucial piece of evidence in criminal justice systems. The document also discusses the conditions under which dying declarations may not be admissible, emphasizing the need for careful consideration of their reliability and credibility.

Typology: Summaries

2024/2025

Uploaded on 04/01/2025

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EVIDENTIARY VALUE OF DYING DECLARATION
INTRODUCTION
A dying declaration is significant in legal proceedings. A dying declaration is a statement
made by a conscious person who knows they are about to die, explaining the circumstances
of their death. The Indian Evidence Act, 1872, specifically Section 32(1),i and the Bharatiya
Sakshya Adhiniyam, 2023, particularly Section 26(a), iideal with dying declarations. The term
"dying declaration" is derived from the Latin words ‘laterm mortem’, meaning 'words said
before death.' This principle is based on the belief that a person is unlikely to lie when
facing imminent death. Dying declarations can be made verbally, in writing, or through signs
and gestures.iii This enables the magistrate to gather the most relevant information accurately.
They are considered relevant evidence in court, even if the person who made the declaration
is no longer alive during legal proceedings.
TYPES OF DYING DECLARATION
There is no specific format required for a dying declaration, and it can be given through
various means, including writing, oral statements, question and answer format, and gestures
or signs. Dying declarations can be in the form of narrations and should be written in the
patient's vernacular. However, the statement must clearly and assertively convey the person's
intention. Ideally, a written declaration should be recorded using the exact words provided by
the person making the statement.
The most effective way to record a dying declaration is through a question-and-answer
format. It's crucial to accurately and carefully document the responses given by the
individual. In cases where an individual is unable to verbally or textually communicate, they
may resort to using gestures and signs as a means of expression.
Queen-Empress v. Abdullah iv: Accused had cut the throat of the deceased girl and because
of that, she was not able to speak. So she indicated the name of the accused by the signs of
her hand. It was held by the full bench of Hon'ble Allahabad High Court that, “If the injured
person is unable to speak, he can make dying declaration by signs and gestures in response to
the question.”
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EVIDENTIARY VALUE OF DYING DECLARATION

INTRODUCTION

A dying declaration is significant in legal proceedings. A dying declaration is a statement made by a conscious person who knows they are about to die, explaining the circumstances of their death. The Indian Evidence Act, 1872, specifically Section 32(1) ,i^ and the Bharatiya Sakshya Adhiniyam, 2023, particularly Section 26(a), iideal with dying declarations. The term "dying declaration" is derived from the Latin words ‘ laterm mortem’, meaning 'words said before death.' This principle is based on the belief that a person is unlikely to lie when facing imminent death. Dying declarations can be made verbally, in writing, or through signs and gestures.iii^ This enables the magistrate to gather the most relevant information accurately. They are considered relevant evidence in court, even if the person who made the declaration is no longer alive during legal proceedings. TYPES OF DYING DECLARATION There is no specific format required for a dying declaration, and it can be given through various means, including writing, oral statements, question and answer format, and gestures or signs. Dying declarations can be in the form of narrations and should be written in the patient's vernacular. However, the statement must clearly and assertively convey the person's intention. Ideally, a written declaration should be recorded using the exact words provided by the person making the statement. The most effective way to record a dying declaration is through a question-and-answer format. It's crucial to accurately and carefully document the responses given by the individual. In cases where an individual is unable to verbally or textually communicate, they may resort to using gestures and signs as a means of expression. Queen-Empress v. Abdullah iv : Accused had cut the throat of the deceased girl and because of that, she was not able to speak. So she indicated the name of the accused by the signs of her hand. It was held by the full bench of Hon'ble Allahabad High Court that, “If the injured person is unable to speak, he can make dying declaration by signs and gestures in response to the question.”

WHO MAY RECORD DYING DECLARATION

A dying declaration can be recorded by anyone, such as a doctor, a relative of the deceased, a police officer, or a magistrate. The declaration recorded by a police officer is not invalid, but the statement recorded by a magistrate holds higher evidentiary value. Ram Singh vs. Delhi Administrationv^ : The Delhi High Court held that a clear and corroborated dying declaration cannot be rejected solely because it was recorded by a police officer. Barbie Singh v. State of Punjab 2006vi : The court stated that the mere fact that a dying declaration was not recorded by the Magistrate may not be a sufficient reason to disbelieve the entire prosecution case. If the dying declaration is not recorded by a competent magistrate, it is better to have the signatures of the witnesses who were present at the time of making the declaration. Under the Indian Evidence Act, no specific person is assigned to record a dying declaration. The person recording a dying declaration should transcribe the witness's statement in the same language used by the witness for the dying declaration. Purushottam chopra v. State(NCT of Delhi)2020vii^ : Supreme Court held that if a particular statement satisfies all the criteria of a dying declaration, it cannot be recorded by a magistrate or police officer if attestation by any person present at the time of making the statement was not obtained. EVIDENTIARY VALUE OF DYING DECLARATION A dying declaration is admitted in evidence, based on the principle of “ Nemo moriturus presumitur mentire " - a man will not meet his maker with a lie in his mouth. A dying declaration does not require any corroboration,viii^ as long as it creates confidence in the mind of the court and is free from any form of tutoring. A dying declaration holds significant weight in legal proceedings and can serve as the sole basis for a conviction without the need for additional corroborating evidence. It is considered a piece of evidence and can be relied upon if found to be genuine and reliable. However, the court must be satisfied that the dying declaration instills complete confidence in its accuracy. Shakuntala v. State of Haryana 2007ix :In this case, the court held that the admissibility of a dying declaration is based on the principle of "Nemo Moriturus presumitur mentire", which means that a person who is about to die is presumed to speak the truth. A dying declaration is an important piece of evidence, and the recording of a dying declaration is a very important task. Utmost care must be taken while recording a dying declaration.

CONCLUSION

Dying declaration holds immense significance as a crucial piece of evidence in legal proceedings. It is particularly noteworthy because it can serve as the sole basis for conviction without the need for corroborating evidence, especially in cases where the victim is the only eyewitness to the crime. Excluding this form of evidence could potentially undermine the pursuit of justice. Dying declarations are the testimony or statements made by individuals who anticipate their imminent demise, and they are generally presumed to be truthful and reliable.

i (^) Indian Evidence Act, 1872,S.32(1), Act no. 1 of 1872 ii (^) Bharatiya Sakshya Adhiniyam,2023, S.26(a),Act No. 47 of 2023 iii (^) S.R Myneni Law of Evidence(3rd Edition, Asia Law House 2019) iv (1885)ILR 7ALL v (^) 1962 AIR 63, 1962 SCR (2) 694 vi (^) AIR 1957 SC 216, 1957 CRILJ 481 vii AIR 2020 SUPREME COURT 476 viii (^) https://blog.ipleaders.in/admissibility-of-dying-declaration/ ix AIR 2007 SUPREME COURT 2709, 2007 AIR SCW 4895 x (^) https://www.drishtijudiciary.com/current-affairs/principles-of-dying-declaration#:~:text=Dying%20declaration%20is %20admissible%20in,Act%2C%201872%20(IEA). xi AIRONLINE 2006 SC 613 xii (1939)41BOMLR xiii (^) https://www.drishtijudiciary.com/current-affairs/principles-of-dying-declaration#:~:text=Dying%20declaration%20is %20admissible%20in,Act%2C%201872%20(IEA).