In this article, what is the dying declaration mentioned in Section 32 (1) of the Evidence Act and under what circumstances is it admissible under the Evidence Act? Along with this, what is the dying declaration and the rules related to it and whether the dying declaration is losing its authenticity has also been mentioned in this article.

Introduction – dying declaration

Whenever a crime is committed, that crime is always committed between two or more persons, who know what actually happened, that is, the person who commits the crime is the accused (guilty) and the person who commits the crime. There is a victim, he is a complainant (victim).

In this way, in any criminal act, there are always two parties who have complete knowledge of that incident and their statements are considered relevant and are admissible in the case, but under Section 32 of the Indian Evidence Act, even if the statements of such persons are Whether they are oral or written, they are considered relevant and admissible in the case, which –

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(1) are dead, or

(2) cannot be found, or

(3) has become incapable of giving evidence, or

(4) Whose attendance cannot be procured without such delay or expense as appears to the Court unreasonable in the circumstances of the case.

Section (1) of the Act contains provisions regarding dying declaration, which is described in this article –Meaning of dying words – “The statements of a person who is on his death bed”.

In the case of Sant Gopal vs. State of Uttar Pradesh, it has been said that – dying declaration means the written or oral relevant statements of a person who is dead.

According to Section 32 – “A statement made by a person as to the cause of his death or as to any circumstances of the transaction which resulted in his death and in a case in which the cause of that person’s death is in question, is a dying declaration.” Is called.

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What is a Dying Declaration?

The definition of dying declaration is not given in the Evidence Act, but a study of section 32 shows that –

Dying Declaration means any statement made by a person about the cause of his death or about any of the circumstances of the transaction which resulted in his death.

Thus, a dying declaration is a written or oral statement of a person who has died, and who in his statement has stated the causes of his death or has stated the circumstances under which he died and while making such statement, he was in fear of death. whether it is happening or not.

In English law, the following things are necessary for a dying declaration –

(a) the person making the statement is on his death bed,

(b) he has a reasonable apprehension that his death is imminent, or

(c) He has completely lost hope of life, and

(d) He has died after such statement.

Overall, the fourth condition must be fulfilled in India. There is no need to fear death here.

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When will a dying declaration be relevant and acceptable?

According to Section 32 Clause (1) of the Evidence Act – When in any case the cause of death of a person is in question, the statement of the deceased person which he made regarding the cause of his death or the circumstances which resulted in his death. ‘ has been made regarding him, will be relevant and admissible under this section.

It is clear in section 32 clause (1) that – such statement will be relevant, even if at the time of making the statement, the person making the statement was not in apprehension of his death and no matter what may be the nature of that action.

Thus the statement of an absent person may be proved when it was made as to the cause of his death or as to some circumstance of the transaction, which resulted in his death and in the case the cause of that person’s death is in question.

In this connection, illustration (a) is important in which it is said that, where the question is whether ‘A’ was murdered by ‘B’ or whether ‘A’ died from injuries sustained in some transaction in the course of which She was raped.

The question is whether she was raped by B or the question is whether A was killed by B in such circumstances that a suit can be brought against B by A’s widow. The statements made by ‘A’ regarding the cause of her death, referring to the murder, rape and chargeable offense respectively under consideration, are relevant facts.

In this connection, there is a case of Pakala Narayana Swamy vs. Emperor, in which on March 20, 1937, the deceased Kurinkuraju had told his wife that he was going to Baharampur, because the wife of the accused-appellant had called him to collect his dues. Is. On March 21, 1937, Nakuraju left for Baharampur.

On March 23, 1937, the body of the deceased Nakuraju was found in a damaged condition in a trunk which was lying in a compartment of the train. This trunk was purchased for the appellant.

The Privy Council considered the statements made by the deceased to his wife as admissible in evidence as his dying declaration that “he is going to Baharampur on the call of the wife of the appellant”, because it reveals the circumstances of the transaction which resulted in Deceased Nakuraju had died. (A.I.R. 1939 P.C.47)

Similarly, in the case of Dharampal vs. State of Uttar Pradesh, it was said that, – Where the deceased himself has filed the First Information Report, that report has been read to him and his thumb impression has been made on it, then such report is considered as dying declaration. May go. (A.I.R. 2008 S.C. 920)

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Necessary conditions for admissibility of dying declarations

(1) Death of the person making the statement –

This is the first condition for the applicability of Section 32 (1) – the death of the person making the statement. If such a person does not die then his statement will not be relevant as a dying declaration. To prove such statements he will have to appear in court himself.

Then if any statement is relevant due to the death of that person then it has to be proved that that person is dead or not alive.

In the case of Maniben vs. State of Gujarat, it has been said that for admissibility of dying declaration it is not necessary that the death should occur soon after such declaration. Such statements cannot be rejected merely on the basis of death occurring after a few days. (A.I.R. 2007 S.C. 1932)

(2) The statement being related to the causes of death –

It is necessary for such statements to be related to the cause of death, if the statements are not related to the cause of death then they will not be admissible in evidence.

In the case of Jayendra Saraswati Swamy Gal vs. State of Tamil Nadu, it has been said that for the admissibility of the dying declaration, it is necessary for the statements of the deceased to be related to the causes of death or the circumstances of the transaction which resulted in death. (A.I.R. 2005 S.C. 716)

Example – In one case a girl was raped. Soon after the rape, she committed suicide by setting her body on fire. In this, the statements made regarding rape were not considered relevant, because rape was not the cause of death. (Case of Narayan Singh, A.I.R. 1962 S.C. 237)

Similarly, there was another case in which a woman was raped. Three days after the rape, the woman committed suicide. In this, the statements made regarding the rape were not considered relevant, because there was no connection with the death. (Kapewiah’s case, A.I.R. 1932 Madras233)

(3) The circumstances of the transaction being such that it resulted in death –

The third condition for the applicability of Section 32 (1) is that the statement should be related to such circumstances of the transaction which result in death. In other words, it can be said that if the statement is related to such circumstances of the transaction which result in the death of the person making the statement, then it will be admissible in evidence.

In one case, a woman sustained injuries in a robbery committed at a house. Before she dies she narrates the circumstances in which the robbery took place. His statement was considered admissible in evidence, although the cause of his death was not robbery but injuries caused during the robbery. (Case of Danusingh, A.I.R. 1925 Allahabad 227)

(4) Question of death being under consideration –

This is the fourth condition for the applicability of Section 32 (1) – the death of the person making the statement should be in question in the proceedings under consideration. In simple words, it can be said that the proceedings should be such that the question of the death of the person making the statement is under consideration. . The proceedings can be civil or criminal. Thus, in the above circumstances, the statements made in the dying declaration are relevant in the evidence.

(5) Dying statements should be complete –

It is necessary for the dying declaration to be complete; an incomplete statement made by the deceased person is not admissible in evidence. Whereas in the case of murder, the statement made by the deceased that he was shot is complete in itself even if it is otherwise incomplete.

Test of reliability of dying declaration

Dying declaration has been considered as evidence of a weak nature but this is not an absolute rule, it depends on the facts and circumstances of each case whether the dying declaration should be admissible or not.

Many times it is said that the statements made in the dying declaration have lost their credibility and authenticity. Many times the question also arises whether an accused can be proven guilty merely on the basis of such statements?

There are many cases in which it has been laid down that if the court is completely convinced of the truth of the statements made in the dying declaration, then the accused can be convicted on this basis alone.

In the case of Lalughosh vs. State of West Bengal, it has been said that – If the statements of the dying declaration are corroborated by the statements of eyewitnesses, the accused can be convicted on that basis. (A.I.R. 2019 S.C. 1058)

In one case, in the medical report, there were marks of accidental burning at one place and at another place, it was suggested that there was self-burning, in the statements of the dying declaration, in response to questions, it was said that due to being fed up with the demand for dowry, He poured kerosene on himself and set himself on fire. Considering such statements as suspicious, they were not admissible in evidence. (Sheikh Mehboob vs. State of Maharashtra A.I.R. 2005 S.C. 1805)

Where the statements of the dying declaration are confirmed by other evidence, they are considered relevant in evidence.

But such a dying declaration is not considered admissible in evidence on which neither date nor time is mentioned and neither is the signature of the deceased nor is any explanation given. (State of Uttar Pradesh vs. Shishupal Singh, AIR 1994 SC 129)

Difference from Ogle method –

There is a difference between Indian law and English law regarding dying declaration. In English law, it is necessary for the dying declaration statements to be made at a time when the person making the statement has a reasonable apprehension of death, whereas in Indian law it’s not necessary.

What is required in Indian law is that after making the statement, the person making it should die.

In the case of B. Sasikala vs. State of Andhra Pradesh, it has been said that – “For the admissibility of the statements of dying declaration, it is not necessary that they should have been made at the time of apprehension of death.” (A.I.R. 2004 S.C.) 616)

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Reference – Indian Evidence Act 17th Edition (Rajaram Yadav)

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