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A026-IEA-Sanctity of a dying declaration.

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Summary
 Evidence Assignment Vrushabh Shah- A026

Indian Evidence Act

ASSIGNMENT

Research Paper on:

“Sanctity of a Dying Declaration”

Submitted by:
Vrushabh Shah- A026- 51001190060

Submitted to:
Vanita Aggarwal

Semester X
Vth Year- B.L.S./LL.B

Date of Submission: 26/02/2024

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 Evidence Assignment Vrushabh Shah- A026

Sanctity of a Dying Declaration

“Truth sits upon the lips of a dying man”- Matthew Arnold

Abstract

There are different kinds of evidence produced in the courts such as oral and documentary
evidence. However, oral evidence ought to be direct and must not be hearsay. Hearsay evidence
16
is no evidence and is not recognized in the court of law. However, there are exceptions to this
rule under which it is not just relevant but also admissible in the courts. Such statements are
relied upon by the court when used in civil and criminal cases, under certain circumstances.
9
Section 32 of Indian Evidence Act, 1872 lays down the circumstances under which a person’s
statement will be relevant despite his nonappearance before the court. Such statements are called
as dying declaration and is considered as substantive evidence which if made in apprehension of
6
death, may be relied upon by the court. The concept of dying declaration is based upon the
concept of Nemo moriturus proesumitur mentri which means that a man will not meet his
maker with a lie in his mouth. This paper explains the law relating to dying declaration and helps
in understanding through various judicial pronouncements the evidentiary value of such a
declaration. It discusses in detail rules of admissibility, reliability and guidelines laid down by
the apex courts to be applied before relying on such declarations especially in culpable homicide
cases where death of the victim is in question.

Introduction

The Indian Evidence Act, 1872 is a lex fori which governs the legal proceedings in civil and
criminal courts. Part I of the Act lays down the facts which are relevant in suits or proceedings
and allows the parties to give evidence of only those facts in the court. Such facts may be proved
1
through oral or documentary evidence. The oral evidence includes witnesses and must be direct
which means, if it refers to a fact which could be seen, it must be the evidence of a witness who
says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness
who says he heard it; if it refers to a fact which could be perceived by any other sense or in any
other manner, it must be the evidence of a witness who says he has perceived it by that sense or
in that manner; and if it refers to an opinion, it must be the evidence of the person who holds that
opinion. According to section 60, the fact or an opinion must be given by the person physically
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 Evidence Assignment Vrushabh Shah- A026

and if the witness cannot appear before the court to testify, the court may consider his statement
as hearsay and not take it as evidence. However, section 32 is an exception to the rule which
12
renders the statement of a witness relevant if the witness is dead or cannot be found or is
incapable of giving the evidence or cannot be produced before the court within reasonable time.
This provision deals with the verbal or written statement of relevant facts by such people who
cannot be called as witness and admit such statement as dying declaration. In culpable homicide
4
cases, statement given by the deceased before his death falls within the purview of section 32(1)
of Indian Evidence Act, 1872 which states that when the statement is made by a person in
relation to the cause of his death or any such circumstances which has led to his death, then such
a statement is called as dying declaration, where death of such person is in question. Such
statement/s are relevant in the court even though the person making them cannot come before
the court to testify. The courts not just admit the dying declarations but may convict the accused
solely based on such a declaration.

Section 32 (1) of Indian Evidence Act

“ 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc.,
is relevant. –– Statements, written or verbal, of relevant facts made by a person who is dead, or
who cannot be found, or who has become incapable of giving evidence, or whose attendance
cannot be procured without an amount of delay or expense which under the circumstances of the
case appears to the Court unreasonable, are themselves relevant facts in the following cases: ––

(1) When it relates to cause of death.––When the statement is made by a person as to the cause
of his death, or as to any of the circumstances of the transaction which resulted in his death, in
cases in which the cause of that person’s death comes into question.

Such statements are relevant whether the person who made them was or was not, at the time
when they were made, under expectation of death, and whatever may be the nature of the
proceeding in which the cause of his death comes into question.”

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Upon a thorough examination of Section 32(1) of the Indian Evidence Act, it becomes clear that
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a statement made by an individual regarding the cause of their death or any circumstances
17
surrounding the event that led to their death is admissible as evidence, particularly in cases
where the cause of death is in question. It is important to note that the admissibility of such
statements is not dependent on whether the individual making the declaration was aware of their
impending death or not. Therefore, it can be concluded that the Indian Evidence Act's Section

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 Evidence Assignment Vrushabh Shah- A026

32(1) provides a comprehensive explanation of the admissibility of dying declarations.

How a dying declaration should be recorded?

Dying declarations, while not bound by a specific form, are most effectively captured in a
question-and-answer format. When recording a dying declaration in this manner, it is crucial to
meticulously document the exact questions posed and responses provided by the patient. Dying
declarations can take various forms:
1. Written Form: The declaration is penned down by the declarant.
2. Verbal Form: The declaration is spoken aloud by the declarant.
3. Gestures and Signs Form: In situations where verbal communication is not possible,
gestures and signs can be used. In the case of ''Queen vs. Abdulla'', it was established that
non-verbal communication through signs and gestures can constitute a valid dying
declaration.
4. Yes or No Gestures: If the individual is unable to speak or write, nodding in affirmation
or negation can serve as a valid form of declaration.
5. Vernacular Language: It is advisable to record the declaration in the vernacular
language understood by the patient.
6. Narrative Form: Declarations presented as narratives are preferred, as they reflect the
unaided thoughts of the declarant without prompting.

By adhering to these varied forms of dying declarations and ensuring accurate documentation,
the integrity and validity of such crucial evidence can be preserved effectively in legal
proceedings.

Governing Principles of Dying Declarations: -

 Independence of Corroboration: For a dying declaration to be valid and enforceable,
corroboration is not required1.
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 Validity and Voluntariness: If the court is satisfied that a dying declaration has been
made out voluntarily and in all its truthfulness, conviction can rest upon it alone2.
 Scrutiny and Authenticity: Courts should ensure that the deceased’s mind was not
affected by external influences like tutoring or imagination and that the deceased was in

15
1
Mannu Raja vs. State of Madhya Pradesh, 1976
2
State of Uttar Pradesh v. Ram Sagar Yadav, 1985
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 Evidence Assignment Vrushabh Shah- A026

a proper state of mind at the time he/she made the statement by scrutinizing dying
declarations carefully3.
 Suspicious Declarations: Skeptical dying declarations are depended upon for conviction
only when corroborated with other evidence4
 Brief Statements: Even short statements made by people who are about to die hold
weight and must not be disregarded solely due to their lack of details; brevity can signal
honesty5.
8
 Mental Condition: The mental state of the deceased at the time of making the
declaration can be assessed through medical opinion or eyewitness testimony, with
preference given to eyewitness accounts in certain cases6.
 Timing and Critical Condition: The timing of a dying declaration in relation to the
incident and the subsequent survival period can provide insights into the deceased's
condition at the time of recording the statement7.
 Multiple Declarations: When multiple dying declarations exist from the same
individual, they should be considered collectively to ascertain their consistency and
reliability; inconsistencies may require reliance on other evidence for conviction.

By organizing these principles into a clear and concise format, their significance and
application in legal contexts become more accessible and understandable for
practitioners and individuals involved in legal proceedings related to dying declarations.

19
Important facts to be remembered before recording Dying Declaration:

The declarant must have been of sound mind when the recording of the dying declaration
commenced and maintained this state of mind throughout the process.

 The mental fitness of the declarant is ideally confirmed by a medical professional.

 In situations where medical certification is unattainable, the sanctity of the dying
declaration remains intact if other witnesses can attest to the declarant's sound mental
state, crucial for the validity of the declaration.
 It is imperative that the declarant's statement is not influenced, coerced, or fabricated in

3
Ram Chandra Reddy vs. Public Prosecutor, 1976
4
Rasheed Beg v.State of Madhya Pradesh, 1974
5
State of Maharashtra v.Krishnamurthi Laxmipati Naidu, 1981
6
Nanhau Ram vs. State of Madhya Pradesh, 1988
7
K.S. Radhakrishnan vs. State of Uttar Pradesh, 2010
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 Evidence Assignment Vrushabh Shah- A026

any way. Any suspicion regarding a dying declaration necessitates corroborative

evidence.
 Multiple dying declarations made by a declarant hold value if they align in essence.
Inconsistencies or contradictions between declarations diminish their evidentiary weight.

Ensuring the declarant's mental clarity, independence in statement, and consistency across
declarations are pivotal factors in upholding the integrity and reliability of dying declarations
in legal proceedings.

2
Significant Case Laws related to dying declarations under the Indian
Evidence Act:

1. Dalip Singh and Others vs State of Punjab8:

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The court held that a dying declaration made to a police officer is relevant. This means
that if a person, who is on the verge of death, makes a statement to a police officer about
the circumstances leading to their death, that statement can be considered as evidence in
court.

2. Sharad Birdhi Chand Sarda vs State of Maharashtra9:

2
In this case, the court emphasized that a suicide note alone cannot be the sole basis for
conviction. While a suicide note can be considered as a dying declaration, it must be
corroborated with other substantive evidence. In other words, the court highlighted the
importance of additional supporting evidence to establish guilt beyond reasonable doubt.

3. Kamla vs State of Punjab10:

When multiple inconsistent dying declarations are made by one or several persons,
2
they must be corroborated with each other and examined in light of other
circumstantial evidence. In situations where there are conflicting statements made by the
same person or different witnesses, the court looks for consistency and coherence.

4. Sampat Babso Kale vs State of Maharashtra 11

18
8
Dalip Singh v. State of Punjab, AIR 1953 SC 364
10
9
Sharad Birdhi Chand Sarda vs State of Maharashtra, AIR 1984 SC 1622
10 Kamla vs State of Punjab, AIR 1992 SC 374
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 Evidence Assignment Vrushabh Shah- A026

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The court clarified that if there is doubt regarding the veracity of a dying declaration, it
cannot be the sole basis for conviction. Corroboration with other evidence is necessary.
This means that a dying declaration alone may not be sufficient to establish guilt; it must
be supported by other relevant facts and testimony.

5
5. Jayamma vs State of Karnataka12

The Supreme Court ruled that a dying declaration is not admissible as the sole basis for
conviction unless corroborated with witness statements, facts, and circumstances of the
case. In essence, the court reaffirmed the principle that dying declarations should be
evaluated in conjunction with other evidence to ensure fairness and accuracy in legal
proceedings.

4
6. Queen Empress vs Abdullah13

The accused had cut the throat of a deceased girl, rendering her unable to speak.
However, she pointed towards the person who attacked her. Despite her inability to
speak, her gesture served as a powerful dying declaration

Challenges in Today’s Context:

1. Emotional Complexities: In practice, emotions such as hatred, revenge, and love often
override the urge to be truthful. Individuals may prioritize personal agendas over
objective honesty, even when facing their final moments.
2. Weakening of the Principle: Ironically, this challenges the very principle underlying the
14
admission of dying declarations—that a person will not meet their maker with a lie on
their lips. The stark reality diverges from this ideal.
3. Weakness of Dying Declarations: Despite their significance, dying declarations
remain fragile evidence. Their basis lies in the assumption that a person would not die
with falsehood on their conscience. Yet, this assumption doesn’t always hold true.

Conclusion

Dying declarations are a crucial piece of evidence in criminal investigations, and the Indian

7
11 Sampat Babso Kale vs State of Maharashtra (2019, 4 SCC 739)
12 Jayamma vs State of Karnataka, AIR 2021 SC 2399
13 Queen Empress vs Abdullah (1885, ILR 7 ALL 385)
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 Evidence Assignment Vrushabh Shah- A026

Evidence Act of 1872 provides for their admissibility under Section 32(1). The importance of
dying declarations in Indian law cannot be overstated, and it is essential to follow all guidelines
when recording them to ensure their evidentiary value.

The guidelines established by the Apex Court in various cases must be strictly adhered to when
recording dying declarations. The recording process must be conducted with utmost care and
attention to detail, as any errors or omissions can significantly impact the reliability and
admissibility of the declaration. The declarant's mental state must be assessed to ensure that they
are of sound mind and capable of providing a statement. The declaration must be recorded in a
manner that is free from tampering or manipulation by any party.

8
It is important to note that incomplete declarations are not admissible in court, and all dying
3
declarations must be evaluated in the context of the facts and circumstances of the case. The
evidentiary value of a dying declaration is not absolute, and the court must exercise caution and
scrutiny when considering such declarations. The declaration must be evaluated in conjunction
20
with other evidence to ensure that it is consistent with the overall facts of the case.

In conclusion, the recording of dying declarations is a critical process that must be conducted
with the utmost care and attention to detail. The guidelines established by the Apex Court must
be followed to ensure the reliability and admissibility of the declaration. While dying
3
declarations are a valuable piece of evidence, they must be evaluated in the context of the
overall facts of the case and in conjunction with other evidence to ensure that justice is served.

Biblography:-
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1. https://www.scconline.com/blog/post/2023/08/02/dying-declaration-section-32-1-
evidence-act-exception-rule-against-hearsay-evidence-bombay-hc/
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2. https://www.legalserviceindia.com/legal/article-8444-detailed-analysis-of-dying-
declaration-under-iea-1872.html
3. https://www.livelaw.in/top-stories/supreme-court-lists-out-factors-to-be-considered-
while-relying-on-dying-declarations-236119
4. http://student.manupatra.com/Academic/Abk/Law-of-Evidence/Chapter4.htm

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