DYING DECLARATION

DYING DECLARATION

Author:-  ANUSHA SHRIVASTAVA, LAW GRADUATE

Introduction

In the realm of criminal law, dying declarations hold significant evidentiary value in determining the cause of a person's death and subsequently bringing the culprits to justice. A dying declaration refers to a statement made by an individual who is on the verge of death, either as a result of the circumstances leading to their demise or as a direct consequence of their fatal injuries. The Indian Evidence Act, specifically Section 32(1), recognizes the admissibility of such declarations as evidence in a court of law. This article delves into the various aspects of dying declarations in India, including their definition, types, modes, evidentiary value, exceptions, and the vital role they play in the criminal justice system.

Definition of Dying Declarations

According to Section 32(1) of the Indian Evidence Act, a dying declaration pertains to a statement made by a person about the cause of their death or any circumstances surrounding the transaction that led to their demise. These statements are considered relevant in cases where the cause of death is in question, regardless of whether the person making the statement is alive or deceased at the time of its recording. The expectation of death and the nature of the legal proceedings are not factors that affect the admissibility of a dying declaration. The underlying principle behind admitting dying declarations as evidence is encapsulated in the Latin maxim, "Nemo moriturus presumitur mentiri," which translates to "a dying person is presumed to speak the truth."

Types of Dying Declarations

Dying declarations can be classified into various types based on the mode of communication and the form in which they are recorded. Understanding these types is crucial for comprehending their admissibility and evidentiary value in a court of law.

Gesture and Signs

In certain cases, the condition of the deceased may render them unable to speak verbally but still conscious enough to communicate through gestures and signs. A notable case, Queen-Empress v. Abdullah, exemplifies the admissibility of a dying declaration made through gestures and signs. In this case, the victim, Dulari, had her throat cut and was brought to the police station and subsequently to the dispensary. Although Dulari couldn't speak, she was conscious and able to make gestures and signs. The magistrate asked her a series of questions, to which she responded through hand movements. Her affirmative sign when asked about Abdullah's involvement led to the acceptance of her dying declaration as evidence in the prosecution of Abdullah.

Oral and Written

Dying declarations can also be made orally or in written form. An oral dying declaration refers to a statement made verbally by the deceased, while a written dying declaration involves the deceased providing the name of the perpetrator to a person present, who then records it in writing. The admissibility of an oral dying declaration is an exception to the general rule that hearsay evidence is inadmissible. In Amar Singh v. State of Rajasthan, the deceased's mother and brother testified that the deceased had made a statement a month prior to her suicide, implicating her husband. The court considered this oral dying declaration along with other evidence and convicted the husband under relevant sections of the Indian Penal Code.

Incomplete Dying Declarations

An incomplete dying declaration refers to a statement made by the deceased that is found to be incomplete. As a general rule, incomplete dying declarations are not admissible as evidence. However, if the statement conveys all the necessary information or the intended message about a certain fact, despite being incomplete in other aspects, it may still be considered admissible. The court examines the completeness of a dying declaration on a case-by-case basis, assessing whether it provides sufficient information regarding the relevant issues.

Question-Answer Form

Dying declarations can be recorded in a question-answer format. While some dying declarations may not provide a detailed description of the offense, the court is required to reasonably construe the statement in its entirety. It is preferable for the magistrate recording the dying declaration to do so in a question-answer format. However, if the statement is recorded faithfully, word-for-word, without any alteration, the absence of a question-answer format does not affect its admissibility or evidentiary value.

Evidentiary Value of Dying Declarations

Dying declarations hold significant evidentiary value in the eyes of the law. The principle underlying their admissibility is that a dying person is unlikely to lie, as expressed in the Latin maxim, "Nemo moriturus presumitur mentiri." Once a court is satisfied that a dying declaration is voluntary, free from any form of compulsion or tutoring, and creates confidence in its veracity, it can rely on it as the basis for conviction without requiring additional corroboration. The Supreme Court of India has established several principles regarding the evidentiary value of dying declarations:

1. A dying declaration is not inherently weaker evidence than any other form of evidence.

2. Each case must be assessed based on its specific circumstances and the reliability of the dying declaration.

3. A dying declaration recorded in an appropriate manner, such as in a question-answer format by a competent magistrate, holds higher evidentiary value than one based solely on oral testimony.

4. A dying declaration, when found to be voluntary and true, can be the sole basis for conviction without the need for corroboration.

5. The brevity of a dying declaration does not diminish its accuracy; a concise statement can be sufficient if it contains the necessary information.

6. The court must consider the surrounding circumstances and assess the mental soundness of the declarant while making the dying declaration.

7. Medical opinions are relevant in determining the mental fitness of the declarant, but eyewitness testimony can outweigh medical opinions.

8. If the court is satisfied that a dying declaration is authentic, voluntary, and free from inducement, it can form the basis for conviction, even without corroboration.

Fitness of the Declarant

The mental and physical fitness of the declarant is of utmost importance when evaluating the admissibility and reliability of a dying declaration. The court must ascertain that the declarant was in a fit state of mind while making the statement. If there are any doubts regarding the mental soundness of the declarant, it is unsafe and unfair to rely solely on their dying declaration as evidence. The absence of specific references to injuries received by the accused in the dying declaration does not automatically invalidate its authenticity. However, if the doctor who recorded the statement fails to mention the declarant's mental fitness and consciousness, the court may consider it a relevant factor. The court may also consider the proximity of the declarant's statement to the time of their death and the circumstances surrounding their ability to observe and comprehend the events leading to their demise.

Recording of Dying Declarations

Dying declarations can be recorded by various individuals, including normal persons, doctors, police officers, or magistrates. The recording of a dying declaration by a normal person is admissible in court if it can be shown that the declarant was in a fit state of mind and conscious while making the statement. The recording by a doctor or police officer is permissible when there is insufficient time to call a magistrate due to the deteriorating condition of the declarant. However, in such cases, it is essential for at least one or two witnesses to be present during the recording to ensure its reliability. The recording by a magistrate holds greater weight and reliability, as magistrates are considered neutral and possess the necessary expertise to properly record dying declarations. Section 164 of the Code of Criminal Procedure (CrPC) empowers magistrates to record dying declarations, even if they do not have jurisdiction over the case. The recording of a dying declaration by a magistrate requires caution, including informing the accused that any statement made may be used against them for the purpose of conviction.

Exceptions to the Rule of Dying Declarations

While dying declarations are generally admissible as evidence, there are certain exceptions where they may be excluded. These exceptions arise from specific circumstances that undermine the reliability or relevance of the dying declaration. Some of the exceptions to the rule of dying declarations are as follows:

9. Irrelevance: If a dying declaration contains information that is not remote or connected to the cause of the declarant's death, it may be deemed irrelevant and inadmissible.

10. Incompetence of the Declarant: Dying declarations made by children, without proof of their mental and physical fitness, are generally considered unreliable and are not admissible in court.

11. Inconsistency: Dying declarations that are inconsistent or contradictory may be deemed unreliable and not admissible as evidence.

12. Influence and Compulsion: Dying declarations that are influenced or compelled by external factors may be considered unreliable and inadmissible.

13. Untruthful Statements: If a dying declaration contradicts other reliable evidence or appears to be untrue, it may be rejected by the court.

14. Incompleteness: Dying declarations that are incomplete and fail to answer relevant questions may be excluded. However, if the statement conveys the necessary information or facts the declarant intended to state, it may still be deemed admissible.

Conclusion

Dying declarations play a crucial role in the criminal justice system of India. Recognized as evidence under Section 32(1) of the Indian Evidence Act, they provide insights into the circumstances surrounding a person's death and help in identifying the perpetrators. Understanding the various types, modes, and evidentiary value of dying declarations is essential for legal professionals and individuals seeking justice. While dying declarations are generally considered reliable, the court must carefully evaluate their admissibility and reliability based on the specific circumstances of each case. By upholding the principles of natural justice and ensuring the mental and physical fitness of the declarant, the courts can effectively utilize dying declarations as a means to deliver justice and protect the rights of the victims.

Note: The information provided in this article is for general informational purposes only and does not constitute legal advice. For specific legal advice, consult a qualified legal professional.