What is a dying declaration?
A “Dying Declaration” is a statement made by a person who has died explaining the details and circumstances of their death. This type of declaration is considered important in legal proceedings because it often provides crucial information on the cause of death, especially in cases of unnatural death such as murder, accidents, or assault. For example, someone who is gravely hurt and thinks they won't live can say something about how the accident happened or who caused it.
Key features of a dying declaration
- Made while dying: The declaration must be made by someone who feels they are about to die.
- Relation with the cause of death: The statement must relate directly to the cause of the person's death, such as who caused their injuries.
- Spontaneous: Usually, dying declarations are made voluntarily and without outside pressure.
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Essential elements of a dying declaration
A dying declaration becomes more reliable and credible when some important criteria are present like:
- A qualified magistrate who takes all the steps to guarantee accuracy should first record the declaration.
- Second, it needs to be recorded in the dying person's exact words, without any changes.
- Third, it's best to comment as soon as possible after the event to make sure outside influences haven't shaped it.
- Fourth, to guarantee that their story is founded on firsthand knowledge, the individual delivering the statement should have had enough time to watch the events in detail.
- Fifth, the person who made the statement should have been able to see what happened, meaning the event must have occurred in a place with enough light for them to observe clearly.
- Finally, if the deceased made multiple statements, they should all be consistent, particularly concerning the specifics of the incident and the people involved.
How is a dying declaration treated as evidence in court?
A dying declaration is considered admissible evidence in many legal systems, and it can be used to support a case in court. This is due to the idea that fear of death makes people more truthful, which raises the sincerity of their statements.
In India, the laws for dying declarations are primarily governed by the Indian Evidence Act of 1872 (Now, Bhartiya Saksha Adhinyam, 2023).
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Section 32 of the Indian Evidence Act
(Section 26 of Bhartiya Saksha Adhiniyam, 2023): This section specifically deals with dying declarations and states that when a person is dead, any statement made by them about the cause of their death or the circumstances leading to it can be used as evidence in court. These statements are relevant regardless of whether they knew they were near death when they made those statements. This suggests that even if a person did not think they were dying at the time, their remarks can still be crucial in court. The claim also applies to any type of legal proceeding, civil or criminal, in which the cause of death is being contested, including murder prosecutions.
While dying declarations might be powerful pieces of evidence, they are nonetheless carefully examined in court. Numerous factors, such as the person's mental state, the circumstances surrounding the declaration, and any potential biases, may affect the weight given to the declaration.
Legal requirements for a valid dying declaration
The key requisites of a dying declaration include several important conditions that ensure its validity as evidence in legal proceedings:
The individual making the statement must have died: The death of such a person need not happen right away, but it must eventually take place. This is essential for the statement to be considered a dying declaration.
The declaration must include the reason for death: The statement must include a detailed reference to the cause of death or the circumstances leading up to it. For the statement to be accepted as evidence, there must be a connection between it and the death.
The cause of death must be disputed: The dying declaration only matters when the cause of death is being investigated or contested in court.
The statement must be complete and consistent: A dying declaration must be complete and consistent to be considered reliable. Any significant gaps or differences could affect the statement's reliability.
Declarant must be competent as a witness: The individual who made the declaration had to be able to testify legally and mentally. This indicates that they were able to comprehend the events and accurately and concisely describe them.
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Can a dying declaration be used without corroboration?
Even without additional supporting evidence, a dying declaration can be sufficient for conviction if it is found to be true, consistent, and logical. Since the general principle upon dying declaration is that no one would want to die telling a lie, courts typically do not seek independent evidence to support the assertion because they recognize that the declarant's feeling that death is coming gives the statement validity.
The declarant's mental state, the circumstances surrounding the statement, and whether the statement is consistent with other facts in the case are some of the factors the court considers when evaluating the declaration's credibility. If the court determines that the declaration is reliable, it can ultimately be the sole basis for conviction.
Key cases involving dying declarations:
The importance of dying declarations in court procedures is demonstrated by several cases:
Khushal Rao vs. State of Bombay (1958): In this case, the deceased made consistent dying declarations to multiple individuals which helped identify Kaushal and another man as the attackers. The Supreme Court ruled that a dying declaration does not always require corroboration, concurring with the Madras High Court. Each case should be assessed in light of its unique facts and circumstances.
If a dying declaration is accurate and clear, it can be trusted and is not necessarily unreliable than other types of evidence. If the declaration is properly recorded and deemed trustworthy by the court, it can serve as the sole basis for conviction.
Kishanlal v. State of Rajasthan: In this case, Smt. Sulochana was burned while sleeping and died two months later. Her deathbed declaration and her confessions served as evidence. The Trial Court cleared the accused, but the High Court declared them guilty.
The Supreme Court overturned the conviction, ruling that Sulochana's dying declaration was not credible because it was made two months after the incident and not just before she passed away. Furthermore, one of the declarations excluded the accused's name, while others were inconsistent. Confessions made outside of court were ambiguous and untrustworthy. Consequently, the Supreme Court allowed the appeal and acquitted the accused.
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Kusa v. State of Orissa: In this case, the deceased made a thorough and accurate dying declaration in front of a doctor. Nonetheless, the appellants challenged it on several grounds: (1) the declaration did not include all of the names mentioned in the FIR; (2) the eyewitness reports were inconsistent; (3) the deceased was allegedly in shock, making his statement unreliable; and (4) the declaration was incomplete because the deceased did not answer the last question before fainting.
The Court determined that the absence of some names from a declaration did not lessen its relevance since omissions by themselves do not prove that a declaration is false. The Court also said that although first declarations may be brief due to the deceased's condition, they still hold true. The Court further found that the doctor's testimony confirmed the deceased was fully conscious at the time of the statement and that the final question was only a formality. As a result, the declaration was accepted as complete and correct.
Conclusion
In court proceedings, especially in serious criminal situations, dying declarations are essential. Because those on the verge of death are thought to be more inclined to tell the truth, they are admitted as evidence in court. Understanding what constitutes a valid dying declaration, how it is used as evidence, and the importance of significant cases will help one better understand this crucial legal idea. Furthermore, the Indian Evidence Act's (Now, Bharitya Saksha Adhiniyam) legal structure emphasizes how crucial these declarations are to the pursuit of justice.
FAQs
1. What happens if a dying person is confused or under heavy medication?
Answer: If a dying person is confused or under a lot of medication, their statement may not be taken seriously. For the court to find the dying declaration credible, the person must be mentally competent and able to understand and express properly at the moment of the declaration.
2. Is a dying declaration always recorded by a police officer or doctor?
Answer: No, anybody can record it. However, if a police officer or magistrate documents it, it has more weight. Courts prefer that it be recorded by an official authority, but it is not necessary.
3. What if a dying person gives different statements to different people?
Answer: If the dying person gives conflicting testimony, the court will carefully evaluate each narrative to decide which, if any, are reliable. Inconsistencies could lessen the declaration's impact.
4. Can a dying declaration be made using gestures or signs?
Answer: Yes, it can be accepted as evidence that a person is unable to speak but is still able to communicate through signs or gestures, provided that the person recording the declaration can interpret it.
5. Does a written dying declaration hold more weight than an oral one?
Answer: Not necessarily. Both oral and written dying declarations can be accepted as evidence, but a written one, especially if recorded by a Magistrate, may be seen as more formal and reliable.
References
Written by Swarangi Gaikwad
Swarangi is a second-year law student at ILS Law College, Pune, with a keen interest in criminal and family law. She is actively exploring different areas of the legal field while honing her research, writing, and analytical skills to build a solid foundation for a successful legal career.
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Further Reading
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