What Is A Dying Declaration?

A dying declaration is a declaration by a living person that he thinks he is going to die soon and states the causes or persons of his death. This concept is even more important in the legal sense, especially in a criminal case, because it is evidence.

Since there is no hope of that person surviving and he will not be around to contradict himself, what he says is considered to be of a high degree of honesty as well as trustworthiness.

In this article, you will learn about the legal definition of dying declaration, importance, essential elements, types of dying declarations, and famous case laws.

Legal Definition Of Dying Declaration Section 32(1) Of The Indian Evidence Act, 1872

The Indian Evidence Act (IEA), 1872, lays down the legal framework for handling evidence in courts. Section 32(1) of the IEA specifically addresses dying declarations:

“Statements made by a person who is dead, or who cannot be produced as a witness, respecting the cause of his death or of any of the circumstances of the transaction which resulted in his death, are themselves relevant facts and admissible in evidence in cases in which the cause of that person's death comes into question.”

In simple terms, this provision admits statements made by a person who believes that he is near death about the cause of his death or any circumstances leading to his death. Under the hearsay rule, this is an exception because it allows out-of-court statements to be used as evidence.

The legal basis for this is that a dying person will not lie out of self-interest and motive, because if he is going to die soon, he has nothing to gain by fabricating or polishing a story. Therefore, such statements are not dismissed by the law as untrue and unreliable in cases of murder, assault, or other crimes.

Why Is A Dying Declaration Considered Trustworthy?

Dying declarations carry a heavy weight of presumed credibility. It is believed that dying people lie less, as they are very aware of their death. The assumption is that the person who is about to die wants to admit the truth for moral or spiritual reasons or to get justice.

Dying declarations are often taken so seriously by the courts that they accept them as powerful evidence in the absence of other evidence. Many legal precedents have continued to validate this view and uphold the idea that dying declarations should be taken seriously for two reasons:

First, the fact that it is irrefutable from the point of view of both the deceased and the accused.

Secondly, the court is bound to give them seriousness.

Essential Elements Of A Valid Dying Declaration

For a dying declaration to be legally valid, certain essential elements must be present:

Assumption of imminent death

If the person making the declaration is honest, he or she must honestly believe death is near, and this must be recognized or obvious.

Voluntariness and candor

Similarly, the statement must be made voluntarily, in clear language, without any pressure or undue influence.

Direct relation to cause of death

It must relate to the cause or circumstance of the person’s death.

Mental and physical health

The person must be mentally alert and physically able to tell what is going on mentally or physically.

The statement must be documented

Dying declarations are not compulsory in all jurisdictions, and it is better if a medical officer or magistrate documents it.

These are all elements to ensure that the statement of the deceased person is credible and taken seriously by a court of law.

Types Of Dying Declarations

There are several types of dying declarations, depending on how they are recorded:

Oral dying declaration

This is the most common type of medium, in which the person verbally expresses his dying declaration to the police or family members.

Written dying declaration

We want to make it very easy to refer to the statement in court, so in some cases, the dying person can write it himself.

Verbal dying declaration

In other words, when a person cannot speak or write, a verbal statement can be a statement. For example, if a victim nods in response to questions asked by a magistrate or officer, it can be accepted as it is.

Recorded audio/video

With advances in technology, such dying declarations need not be filed in court but can be produced in audio or video form, provided they conform to the standards of admissibility in courts.

In every case, the last words of the deceased must be included, but there may be room for the admissibility of such declarations for each case and jurisdiction.

Admissibility Of Dying Declaration In Court

The admissibility of a dying declaration in court is subject to the conditions under which it was made and recorded. Generally, if a declaration has these essential elements, the declaration is admissible.

However, courts will examine the dying declaration in detail to see if it is made up of contradictions and influenced by extraneous factors.

Dying declarations have an evidentiary value attached to them, but courts will also examine corroborating evidence in cases where discrepancies exist.

Additionally, the dying declaration must not be influenced by suggestions or questions that would otherwise destroy its authenticity.

Role Of The Magistrate And Medical Officer In Recording A Dying Declaration

In legal procedures, the Magistrate and Medical Officer play a vital role in recording dying statement:

Role of Magistrate

Essentially, it would be better if the dying statement is recorded by a magistrate so that its integrity is maintained. This is also due to the presence of the magistrate, who presides over the statement to ensure that the statement is voluntary and accurate so as to avoid manipulation or influence.

Role of Medical Officer

The recording of the statement takes place only when a medical officer is present and confirms the mental state of the person, and the recording of the statement is done only when the medical officer confirms that the person is not suffering from any mental or physical disorder.

The officer decides whether the person is in a mental state to give an understandable statement or not.

Witnesses

In such cases, police officers or other witnesses may also be present during the recording so that the authenticity of the dying statement can be validated in court if needed.

It is this formal procedure that has allowed the dying statement to be treated carefully and professionally and strengthened its evidence in a court of law.

Exceptions And Limitations Of A Dying Declaration

Although dying declarations are valuable, they do have limitations and exceptions:

Misinterpretation due to physical or mental condition

If what a person is saying is so distressed, in pain, or on medication that the words make no sense and can be taken out of context, confusion may arise.

Inconsistencies in the statement

However, courts may ignore a person's dying declaration or repeated contradictory statements from a person if the courts feel their credibility is questionable.

False accusations or malice

Sometimes people make false statements in very rare circumstances of family or social conflict. However, courts are reluctant to convict based solely on such statements not supported by corroboration.

Not always sufficient for conviction:

A dying declaration is important, but in some jurisdictions, if the person being quoted was involved in a serious crime, additional evidence may be needed to prove the statement.

Famous Case Laws On Dying Declaration

Famous case laws on dying declaration help establish the legal significance of statements made by a person on the verge of death, often playing a crucial role in criminal investigations and trials.

Paniben vs. State of Gujarat

In the case of Paniben vs. State of Gujarat on May 7, Bai Kanta, who often quarreled with her mother-in-law, was attacked. According to her mother-in-law, he poured kerosene on her and set her on fire while she was sleeping alone. Her husband and neighbors heard her screams, rushed to extinguish the fire, and took her to the hospital.

Bai Kanta told the police and magistrate that her mother-in-law was the attacker. According to the session court, the accused were initially acquitted on the plea of ​​suicide. That was until the High Court overturned that verdict of murder and convicted the mother-in-law for killing the husband under Section 302 of the Indian Penal Code.

Nirbhaya Case

In the Nirbhaya rape case, a young woman, later called by her nickname Nirbhaya, and her friend were attacked in a bus by six men, including a minor. They moved the bus in another direction and attacked and gang-raped Nirbhaya's friend. They threw the victims off the bus after abusing them for several hours.

The police were informed by a passerby, who picked them up and took them to the hospital. Nirbhaya gave a dying declaration three times before the doctor, the sub-divisional magistrate, and the metropolitan magistrate. Four of them and the driver were sentenced to death.