Introduction to Dying Declarations
A dying declaration is one of the most important exceptions to the rule against hearsay. Under Section 32(1) of the Indian Evidence Act, 1872, statements made by a person as to the cause of their death or the circumstances leading to their death become relevant when the cause of that person’s death is in question. This provision is rooted in the legal maxim “Nemo moriturus praesumitur mentire”, meaning a man will not meet his maker with a lie in his mouth. The law presumes that a person on the verge of death is unlikely to fabricate facts, and therefore their statement holds a high degree of reliability.
Dying declarations are particularly crucial in cases like homicide, dowry death, burns, domestic violence, accident cases involving foul play, or custodial deaths, where the victim may not survive long enough to record a formal testimony. As a result, courts rely on such statements to understand the last version of the incident as narrated by the victim, even when corroboration is absent. Thus, dying declarations serve as a vital tool for delivering justice when no other eye-witness testimony is available.
Relevancy of Dying Declarations Under Law of Evidence
The relevancy of dying declarations is specifically recognized under Section 32(1). Normally, the witness must be examined in court and subjected to cross-examination. However, dying declarations are an exception because the declarant is unavailable for examination due to death. The rationale is that allowing such statements ensures that offenders do not escape punishment simply because the victim could not survive to testify formally.
A dying declaration becomes relevant only when:
- The cause of death is in question.
- The statement relates to the cause of death or circumstances leading to the death.
- The declarant had mental fitness and consciousness while making the statement.
- The declaration must be voluntary, free from coercion, tutoring, or external influence.
Courts have repeatedly emphasized that dying declarations must be carefully scrutinized. In Khushal Rao v. State of Bombay (1958), the Supreme Court observed that if the dying declaration is found voluntary, coherent, and not suspicious, it can form the sole basis of conviction without the need for corroboration.
Furthermore, dying declarations may take multiple forms—oral, written, gestures, signs, or implied statements. Even a nod or eye movement can be accepted as a declaration if properly recorded and if the declarant is medically certified as conscious. This wide acceptance highlights the importance of dying declarations in criminal justice.
Evidentiary Value of Dying Declarations
The evidentiary value of dying declarations is very high, as acknowledged by the judiciary. Courts may convict an accused solely on the basis of a reliable dying declaration if it inspires confidence. The Supreme Court in P.V. Radhakrishna v. State of Karnataka (2003) held that the test of reliability is whether the declaration is consistent, coherent, voluntary, and truthful.
However, not all dying declarations automatically qualify as strong evidence. Courts consider the following factors before placing full reliance on the declaration:
1. Mental Fitness of the Declarant
A medical certificate from a doctor stating that the victim was conscious and fit to make the statement greatly increases evidentiary value. If the victim was under trauma, sedation, or severe pain, the declaration may be treated with caution.
2. Absence of Influence or Tutoring
If the victim was influenced by relatives, police, or others while making the statement, the reliability reduces. Courts prefer dying declarations recorded by a Magistrate, though statements recorded by police or even private individuals are not invalid if genuine.
3. Consistency in Multiple Declarations
If the victim makes more than one declaration, courts check consistency. Contradictions may weaken the evidentiary value.
4. Completeness of the Statement
A dying declaration need not contain every detail, but it must clearly pinpoint the act or accused responsible for the death. A vague, ambiguous, or incomplete account is treated with caution.
5. Mode of Recording
Video-recorded declarations carry higher reliability. Oral declarations must be proved through credible witnesses.
6. Possibility of Survival
If it is unclear whether the declarant believed death was imminent, the statement can still be admissible under Section 32(1), but courts scrutinize it closely.
It is important to note that while dying declarations may be the only piece of evidence available in certain cases, courts do not treat them as infallible. Their evidentiary strength depends on trustworthiness. In Laxman v. State of Maharashtra (2002), the Supreme Court held that absence of a medical certificate is not fatal if evidence shows the declarant was fit and conscious.
Judicial Approach to Dying Declarations
Indian courts have consistently held that dying declarations are admissible even if:
- the statement was not made in expectation of death,
- the statement was partly in gestures,
- the statement was not recorded by a magistrate,
- there is no medical certificate but evidence shows mental fitness.
However, courts reject dying declarations in cases where:
- the victim was unconscious or mentally unstable,
- the declaration was inconsistent,
- there was clear evidence of tutoring,
- the declaration contradicted medical or forensic evidence.
In Uka Ram v. State of Rajasthan (2001), the Supreme Court emphasized that when a dying declaration is doubtful or contradictory, the court must look for corroborative evidence. This balanced approach ensures that dying declarations do not unfairly prejudice the accused while still serving as a powerful instrument of justice.
Mnemonic to Remember: “DIE HARD”
D – Death cause question
I – Imminent or not (still relevant under S.32(1))
E – Exception to hearsay
H – High evidentiary value
A – Accuracy & mental fitness required
R – Recorded preferably by Magistrate
D – Declaration can convict even without corroboration
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