The dying declaration is generally considered to be admissible because the
victim is a sole eye witness of his injuries and not considering his shreds of
evidence will be equal to biases and injustice and moreover, a declaration made
by a person under the exception of his death is presumed to be true. Due to
moral and religious aspects, a person who is about to die will generally
speak the truth and will not implicate a wrong person who is not at all
responsible for such injuries that took his life.
There is no exclusive format of a dying declaration. It may be written or verbal
or it can also include any kind of gestures and signs. An injured person may
make his dying declaration in form of gestures and signs if he is incapable of
speaking. The value of evidence can increase if the dying declaration is
recorded in the language of the declarant. A dying declaration cannot be
considered to be complete if it does not disclose any relevant facts or names or
circumstances that led to the death of the victim.
The dying declaration can be in form of question and answer or in the form of
narration. It was also taken into consideration that the diary entries
and letters written by the deceased person can reveal the circumstances which
lead to the victimís death. It is well settled in the legal proposition that
there should be an impending relationship between the statement and the
circumstances of the death.
For instance, a married woman who had been expressing the danger to her life to
her parents and relatives by talking and by writing to them lost her life three
or four months after that. The Court held that the statements and time of death
were not too distant in time from the point of death. Hence, the Court held
that Section 32 shall also be applicable to the cases of suicide. However, minor
inconsistencies are often disregarded by the Court on the account of the victim
who is severely injured.
The evidentiary value of the Dying declaration varies according to the
circumstances and facts of the case. Valuation of such declaration depends upon
various factors such as- whether the declaration has been recorded in the exact
language as it was made, whether the declaration was made soon after the
incidence of the alleged incident and not solely interpreted by any third
person, state of mind and body of the declarant, and who recorded the
In the judgment of Poonam Bai vs. the State of Chattisgarh
, it was
alleged that the dying declaration was given by the deceased before the Naib
Tehsildar cum Executive Magistrate and the witnesses were also present. The only
complication was there was no doctorís certificate with the dying declaration.
It was stated that the condition of having a medical certificate can be
dispensed with. This can be done when the person recording the dying declaration
is satisfied with the fact that the declarant is in fit medical condition to at
the time of giving the declarant. In case of non-availability of the Magistrate
and in view of the urgency, sometimes the Dying Declarations recorded by the
Police Officers and the Medical Officers working there, the Courts are accepting
the Dying Declarations recorded by the Police Officers and the Medical Officers.
Recording of the statement should not be under the influence of anybody or
prepared by prompting, tutoring, or imagination. Even if any of these points are
proved then dying declaration is not considered valid. If it becomes suspicious
then it will need corroboration. Ideally, the treating doctor should give
fitness for the statement as he knows best about the condition of the patient
keeping in mind the pre-existing diseases of the declarant.
He should also record the date and time of giving compos mentis. The most
important point of consideration is that declarant was in a fit state of mind to
give the statement when the recording was started and remained in fit condition
till the recording of the statement finished.
Award Winning Article Is Written By: Ms.Chinmayee Smrutipragyan Nayak
Authentication No: NV31432342840-9-1120