Before entering into this Dying declaration we have to look first what the section 32 of Evidence Act is dealing with.
Section 32 of Indian Evidence Act cases in which statement of relevant fact by person who is dead or cannot be found etc is relevant.
Statement maybe in written or oral form the fact made by a person:-
- Who is dead.
- Who cannot be found.
- Who has become in capable of giving evidence.
Who’s attendance cannot be procured without unreasonable delay or expenses is relevant under following circumstances.
- Section 32(1) when it relates to cause of death.
- When it is made in the course of business. section 32(2)
- Section 32 (3) when it is against the interest of maker.
- When it gives opinion as to public right or custom or matter of general interest.s section 32(4).
- Section 32(5) when it relates to existence of relationship.
- When it is made in will on dead relating to family affair. section 32(6).
- Section 32(7) when it is in a document relating to transaction mention in section 13(a).
- When it is made by several person and expresses feeling relevant to matter in question. Section 32(8).
Meaning of dying declaration
Any statement either oral or written form it is made by a person who has died explaining the cause of his death or circumstantial death.
Essential of dying declaration
- Statement maybe documentary or oral form.
- Example: A shoot B, B before is death make a statement to C that a shoot to B.
- Statement maybe related to cause of his death or circumstances which result into his death.
- Example : A given a statement to his wife that he was going to collect money from C. But he didn’t return home after that.( Dead) Therefore the statement given by A become admissible.
- There must be death of person.
- If the person not dead, then the statement relevant under section 145 contradiction and section 155 corroborate or it will be relevant in Section 21 self serving or section 6 rest gestart.
- In Dying declaration the person must have dead by explaining the cause or circumstantial of his death.
- Expectancy of death is not necessary.
- means under the “fear” that he going to die, is not necessary.
Difference between Indian and English law in Expectancy of death, Dying declaration
| INDIAN EVIDENCE LAW | ENGLISH LAW |
| 1) Expectancy of death is not necessary. 2) Relevant both in Civil and Criminal Proceedings. | 1) Expectancy or fear of death is necessary. 2) Only in Criminal Proceedings only when accused is charged with murder. |
- Cause of death must be in question, admissible in :-
- Civil
- Criminal proceedings.
Circumstantial Case’s in Evidence Act
The Pakla Narayan Swami v. Emperor is one of the most important case of Indian Evidence which talk about the circumstantial Evidence of deceased statement.
Pakla Narayan Swami v. Emperor
The court held at the statement made by the deceased to his wife that he was going to the accused’s place to collect money from him was admission 32(1).
Why dying declaration is admissible?
This Dying declaration is an exception to rule of exclusion of hearsay evidence. Hearsay evidence is a week piece of evidence and not admissible and it is excluded, but in dying declaration it is an exception to rule and is admissible because of 2 reason.
- Necessity
- Statement relation with cause of death.
- Relation of statement with circumstances.
- Because statement given by deceased before his death is best source of evidence that tell how he died because he cannot be presented to the court.
- “Nemo Moriturus Proesumitur Mentiri” means no person will die with a lie on his lips.
What is Evidentiary value of Dying declaration?
The evidentiary value of Dying declaration can be understood by studying following cases:-
Kaushal Rao v. State of Bombay 1958 SC
The supreme court held that there is neither role of law nor prudence which states that dying declaration cannot form the soul basis of conviction unless it is corroborated by independent evidence.
Means of this case is that A true and voluntary declaration needs no Corporation.
Purushottam chopra v. State (NCT of Delhi) 2020 and Paniben v. State of Gujarat 1992 SC
In the above mentioned cases the Supreme Court held that if a particular statement satisfied all the criteria of Dying declaration section 32(1), it cannot be discarded merely because it has not been recorded by the Magistrate or Police officer, did not obtain attestation by any person present at the time of making the statement.
Queen Empress v. Abdullah
Statement made by signs and nods admissible, means res gestae statement given before his death is admissible.
If person survived before his Dying declaration statement then what is it relevancy?
If a person survive before his dying declaration statement then the statement given by him is relevant under section 145 contradiction or section 157 corroboration, section 21 self serving, section 6 and section 8 of Evidence Act.
The victim after having made the Dying declaration but does not die, then the victim will himself appear in the court as a witness and then his previous statement can be used for corroboration, contradiction.
Impeaching the credit of witness U/s 155(3), refreshing of memory u/s 159, it can also be used as part of same transaction u/s 6, statement accomplaning and explaining the conduct u/s 8 , self serving statement u/s 21.
It can be understood by studying the below mentioned case Magsoodan v. state of UP.
Magsoodan v. State of Up
Use of statement when injured survives, this means that statement given by person before his death but he survived will not fall under Section 32(1).
And of this statement made by the person will be admissible under section 145 contradiction or under section 157 corroboration under Indian Evidence Act if the person survive.