Dying Declaration had been a significant instrument of administration of
justice since time immemorial. The common principle on which this class of
evidence is admitted is that they are declarations made in edge, when the party
is at the peak of death and when every expectation of this world is departed,
when every object to deception is silenced, and the brain is induced by the most
dominant considerations to verbalize the reality; a circumstances so glum and so
lawful is considered by the law as creating an obligation equal to that which is
obligatory by a positive oath administered in a Court of justice.
The gloominess of instant death is considered the best assurance of the truth of
the declaration made by a dying person, concerning the causes and conditions
leading to the death, which are completely fresh in his mind or are
uncontaminated or discoloured by any other concern except speaking the truth for
which special holiness should be close to a dying declaration. In the evolving
times, with the quick progression of society, the religious estimations of the
public had changed.
The man of today is gotten in the snare of a heartless consumerist and
materialistic culture with every one of the allurements it offers him. An
unquenchable avarice for riches, influence, and impact appear to have assumed
control over the cutting-edge man.
The fast advancement of society, the
mechanical and materialistic headways have acquired the lack of concern the
disposition of the people. nowadays individuals do have the inclination of
talking lie or of disguising reality even at the far end of their lives when
they are gone up against with the prompt passing. Promote the intrinsic
deficiencies of our legal framework that have a material effect upon the
suitability or generally of the Dying Declarations.
Additionally, the way that
the great weapon of the criminal organization of equity to be specific, Dying
Declaration is being abused to defeat the interests of equity and ends up being
to be incapable numerous a times.
Words dying declaration means a statement written or verbal of relevant
facts made by a person who is dead. It is dealt under clause (1) of section 32
of the Indian Evidence Act 1872. Generally, it relates to the cause of death of
declarant. Dying declaration can be proved by the person who records it.
A dying Declaration is not complete unless full names and addressed of the
person involved are given in it.
The distinction between the English Law and Indian Law:
Under the English law, it is essential/ to the admissibility of dying
declaration that the declarant must have entertained a settled hopeless
expectation of death, but he need not have been expecting immediate death.
Indian law does not put any such restrictions. It is not required under Indian
law that the maker should be under an expectation of imminent death, nor it is
restricted to the case of homicide only. Before a dying declaration may be
admitted, it must be proved that its maker is dead. If the maker survives, it
may be used to corroborate or contradict his statement in the court.
According to Section 32(1) itself:
- A statement may be oral and written. But inEmperor vs. Abdullahit
was held that Conduct to be relevant as dying declaration.
- The statement must be as to:
- Cause Of Death
- Circumstances Of The Transaction
- Resulted In The Death
Pakala Narayan Swamy vs. Emperor, AlR 1939-The statement made by the
deceased to his wife that he was going to the accused to collect money from him
(accused being indebted to the deceased), was held to be admissible under
FIR as dying declaration: Where an injured person lodged the FIR
and then died. It was held in K.Ramchanda Reddy vs. Public Prosecutionto
be relevant as dying declaration.
- Death of the person is must while making the statement-If death is not
the result, his statement inadmissible/as dying declaration, but it might be
relied on under Section 157 to corroborate his testimony of to contradict
him under Section 145. It can be used to corroborate the evidence in court
under Section 6 and 8.
- Cause of death of the deceased must be in question.
- Expectancy of death is not necessary.
- Whatever may be the nature of proceeding-It may/be civil or criminal
nature where the death of the person- deceased is in question.
The language of dying declaration
Dying declaration recorded in the language of the declarant acquires added
strengthened reliability. As far as possible, it should be recorded in the exact
words and language of the declarant. In Deepak Baliram Bajaj vs State of
,the of death of a lady was due to 100% burn injuries, the
dying declaration was recorded in the hospital by a constable.
asked in Sindhi by Special Executive Magistrate and were replied in Sindhi and
then translated to the constable in Hindi who in turn recorded them in Marathi.
The declaration was explained in Hindi and not in Sindhi to the declarant. The
Supreme Court held that the conviction based solely on such a dying declaration
could not be sustained.
Who Can Record A Dying Declaration?A dying declaration can be recorded by a person, even by a police officer. But
if it is recorded by a Judicial Magistrate, it will have more strength and
In the State of U.P. v/s Shishupal Singh, the dying declaration was
recorded by the Magistrate which was neither signed by the deceased, nor
contained date and time of its recording and the prosecution failed to give any
explanation that the deceased was not able to sign it.
It was held that such
dying declaration which was impregnated with so many suspicious circumstances
which created doubt about its genuineness and it was not safe to base conviction
on it. In Ram Singh vs. Delhi Administration, it was held by Delhi High Court
that a clear and corroborated dying declaration can not be rejected just only
because it was recorded by a police officer.
Admissibility of Dying Declaration -In Sant Gopal vs. State of
U.P.1995 Cr.L.J. (AIR.) Evidence of dying declaration is admissible not
only against the person causing the/death but also against other persons
participating in causing death.
The Supreme Court has laid down in several judgments' the principles governing
dying declaration, which can be summed up as under:
- There is neither rule of law nor of prudence that the dying declaration
cannot be acted upon without corroboration.
- If the court is satisfied that the dying declaration is true and
voluntary, it can base conviction omit, without corroboration.
- The court must scrutinize the dying declaration carefully and must
ensure that the declaration/is not the result of tutoring, prompting or
imagination. The deceased had the opportunity to observe and identify the
assailants and was in a fit state to make the declaration.
- Where a dying declaration is suspicious it should not be acted upon
without corroborative evidence.
- Where the deceased was unconscious and could never make any dying
declaration evidence about it is to be rejected
- A dying declaration which suffers from infirmity cannot form the basis
- Merely because a dying declaration does not contain the details as to
the occurrence, it is not to be rejected. Equally, merely because it is a
brief statement it is not to be discarded, on the contrary, the shortness of
the statement itself guarantees truth.
- Normally, the court to satisfy whether the deceased was in a fit mental
condition to make the dying declaration look up to medical opinion. But
where the eyewitness has said that the deceased was in a fit and conscious
state to make the dying declaration, the medical opinion cannot prevail.
- Where the prosecution version differs from the version as given in the
dying declaration, the said declaration cannot be acted upon.
Case Analysis of Pakala Narayana Swami Vs. King EmperorThe appellant was charged with the offense of murder. The body of the deceased
which was cut was recovered from a trunk in a railway compartment on March 23,
1937. One of the items of evidence against him adduced by the prosecution was a
statement by the deceased to his wife on March 20, 1937, that he received a
letter asking him to go to the house of the accused of receiving money due to
him and that he was so going. On the question of its admissibility in evidence,
the Privy Council- observed "The statement was rightly admitted under Section
32(1) of the Evidence Act.
For admissibility under the section, the statement
may be made before the cause of death has arisen, or before the deceased has any
reason to anticipate being killed. The circumstances must be circumstances of
the transaction general expressions indicating fear/or suspicion whether of an
individual or/otherwise and not directly related to the occasion of the death
will not be admissible.
But statements made by the deceased that he was proceeding to the spot where he
was in fact killed, or as to his reason for so proceeding, or that he was going
to meet a particular person, or that he had been invited by such person to meet
him would each of them be circumstances of the transaction, and would be so
whether the person was unknown, or was not the person accused.
Such a statement
might indeed be exculpatory of the person accused. Circumstances of the
transaction is a phrase that no doubt conveys some limitation. It is not as
broad as the analogous use in circumstantial evidence which includes evidence
of all relevant facts.
It is one the other hand narrower than 'res gestae'.
Circumstances must have some proximate relation to the actual occurrence though
as for instance, in a case of prolonged poisoning they may be related to dates
at considerable distance from the date of the actual fatal dose. It will be
observed that circumstances are of the transaction which resulted in the death
of the declarant.
It is not necessary that there should be a known transaction other than that the
death of the declarant has ultimately been caused, for the condition of the
admissibility of the evidence is that the cause of (the declarant's death comes
into question. In the present case, the cause of the deceased's death comes into
question. The transaction is in which the deceased was murdered on March 21 or
22 and his body was) found in a trunk proved to be bought on behalf of the
The statement made by the deceased on March 20 or 21 that he was
setting out to the place where the accused lived, and to meet a person, the wife
of the: accused, who lived in the accused's house, appears clearly to be a
statement as to some of the circumstances of the transaction which resulted in
Since dying declaration contains the final words of the person dying correlated
to the causes of death of such person or as to the situation leading to the
death of such person, it is a material piece of evidence. Every attempt should
be made to stay it complete from all sorts of impurity.
Yet, human character and
standard of conduct can't govern away the danger of demolishing of dying
declarations because of numerous elements, for example, the psychological state
of the individual making proclamation, mental state of the individual account
the dying assertion, encompassing conditions of the dying presentation, the
typical and customary human mistakes in watching the things and in conveying
everything that needs to be conveyed to the others particularly, the outsiders,
and so on.
At the point when these realities combined with the conditions as
examined above-identified with the diminishing trust remainder of the dying
declarations are mulled over, it very well may be securely and carefully
presumed that the Dying Declarations are to be conceded in proof after due
validation and in the wake of confirming the encompassing conditions prompting
the dying declarations.
It isn't protected nowadays to accord consecrated status
to the dying declarations to base the discoveries of a case exclusively on its
premise and to choose the destiny of the cases and criminal procedures solely on
its premise by the Courts and even by the Investigating organizations.
- 1993 Cr.L.J. (SC)
- AIR 1994(SC)
- 1995 Cr.L.J. (Delhi)
- 1995 Cr.L.J. (AIR)