Evidentiary Value of a Dying Declaration | Civil Law for Judiciary Exams PDF Download

Dying Declaration Overview

• A dying declaration is a statement made by an individual who is on the verge of death, explaining the circumstances surrounding their impending demise. 
• This declaration can be either direct or indirect, shedding light on the cause of their death. Essentially, it is the final statement uttered by a person before their passing.

Significance in Legal Proceedings

• Under Section 32 (1) of the Indian Evidence Act, statements made by a person about the cause of their death or events leading to it hold relevance in situations where there are doubts regarding the cause of death. 
• These statements are admissible as evidence even if the individual is deceased at the time of trial and irrespective of the legal context.

Validity and Trustworthiness

• The principle of "Nemo Mariturus Presumuntur Mentri" supports the credibility of dying declarations, suggesting that individuals facing imminent death are inclined to speak the truth. 
• Consequently, courts accept these statements as credible evidence to ensure justice is served.

Forms of Dying Declarations

• Dying declarations can be oral, written, or even conveyed through gestures, provided the individual is of sound mind and aware of their impending death. Courts consider these declarations as reliable testimonies due to the belief that a dying person's statements are inherently truthful.
• By understanding the significance and legal implications of dying declarations, the judicial system upholds the principle of truth-seeking and ensures accountability in cases involving critical testimonies given by individuals on their deathbeds.

Types of Dying Declaration

• Dying declarations come in various forms: they can be oral, written, through gestures, signs, thumb impressions, or even question and answer sessions.
• The key requirement is that the declaration must clearly and assertively convey the person's intentions.
• When a written declaration is made, it is best to record the exact words of the person. When a magistrate records the declaration, it is often done in a question-and-answer format to ensure accurate information collection.
• Dying declarations can serve as crucial evidence in certain cases, aiding in the conviction of the accused.

In a dying declaration, individuals have the flexibility to express their final statements through various mediums, including verbal communication, written notes, gestures, signs, thumb impressions, or even structured question-and-answer sessions. The primary emphasis in such declarations is the clear and firm communication of the person's intentions.For written declarations, capturing the exact wording of the individual is crucial. Magistrates often use a question-and-answer format to accurately document the dying declaration, ensuring that all relevant information is gathered effectively. In legal proceedings, these declarations can play a pivotal role in securing the conviction of the accused, highlighting their importance in certain circumstances.

Evidentiary Value of Dying Declaration in India

• A dying declaration holds significant importance in legal matters and can be the sole basis for a conviction without the need for additional supporting proof.
• It is considered as evidence and can be trusted if it is deemed authentic and dependable by the court.
• The court must be certain that the dying declaration inspires complete confidence in its accuracy and truthfulness.
• It is crucial for the court to confirm that the statement made by the deceased was not influenced, coerced, or a product of imagination.
• The court must also establish that the deceased was in a sound state of mind and had a clear opportunity to observe and identify the perpetrators.
• Once the court is satisfied that the statement is genuine and voluntary, it can solely rely on the dying declaration for a conviction without needing additional corroboration.
• Therefore, a dying declaration adds significant evidentiary value to legal proceedings.

Cases on Evidentiary Value of a Dying Declaration

The significance of a dying declaration's evidentiary value varies based on the case's nature and circumstances.

• In the case of Sham Shankar Kankaria v. State of Maharashtra:
  • The Supreme Court acknowledged the credibility of a dying person's statement made on their deathbed, considering their solemn demeanor as a reason to trust the truthfulness of their words.
  • Unlike regular testimonies, such declarations do not require an oath or cross-examination.
  • Excluding a dying declaration as evidence could result in a miscarriage of justice, especially in cases where the victim is the sole eyewitness to serious crimes.
• In the case of Munnu Raja v. State of MP:
  • A First Information Report (FIR) documented by the police was deemed a dying declaration.
• In the case of State of Punjab v. Kikar Singh:
  • An FIR was not considered a dying declaration when the victim survived in the hospital for an extended period (8 days).
• In the case of State v. Maregowda:
  • A suicide note discovered in the deceased's possessions was accepted as a dying declaration and deemed admissible as evidence.

Can the Identification through Dying Declaration be Considered and Made Relevant?

• Principle of Direct Evidence: The law generally requires facts to be proven through direct evidence. Hearsay evidence is typically considered unreliable and inadmissible.
• Exception for Dying Declaration: A dying declaration, a statement made by a person on the verge of death, explaining the circumstances of their death, is an exception to the rule. It is based on the belief that a dying person is presumed to speak the truth.
• Relevance in Justice: Courts view identification through a dying declaration as crucial for ensuring justice. This exception holds significant evidentiary value.
• Legal Framework in India: Section 32 of the Indian Evidence Act specifically addresses the admissibility of statements related to the cause of death or circumstances leading to death. Such statements are considered relevant evidence.
• Basis for Conviction: In certain cases, a dying declaration can serve as the sole basis for conviction, underlining its importance in legal proceedings.
• Recording Accuracy: Courts emphasize the accurate and faithful recording of dying declarations. It is essential to adhere to prescribed procedures to ensure the reliability of the statement.
• Presentation: If the declarant passes away, the dying declaration should be presented during the inquiry or trial to serve as crucial evidence.

Evidentiary Value of Dying Declaration with Incomplete Statements

• For a dying declaration to be admissible as evidence under Section 32(1) of the Evidence Act, it should be substantially complete, but courts have allowed incomplete declarations in certain cases.
• In the case of Cyril Waugh v. The King, a dying declaration was deemed inadmissible due to apparent incompleteness, lacking clarity on the deceased's intentions.
• Contrastingly, in Abdul Sattar v. State of Mysore, an incomplete dying declaration was accepted under Section 32(1) if it clearly indicated the accused's guilt.
• A dying declaration doesn't need to cover every detail of an incident to be admissible; omission of specific details doesn't necessarily render it inadmissible.

Evidentiary Value of Dying Declaration If Declarant Survives

• When a statement is recorded as a dying declaration but the person making the statement does not pass away, the evidentiary value changes.
• If the declarant survives, their statement is no longer considered a dying declaration and they are treated as a regular witness in court.
• The concept of a dying declaration is rooted in the belief that a person near death would speak the truth.
• If the declarant survives, their statement cannot be admitted as evidence under the dying declaration principle.

Legal Precedent: Ramprasad vs. the State of Maharashtra

• In the case of Ramprasad vs. the State of Maharashtra, the Supreme Court clarified the conditions for a dying declaration.
• The Court stated that for a statement to be considered a dying declaration, the declarant should have expected imminent death.
• If a person making a dying declaration survives, their statement cannot be used under Section 32 of the Indian Evidence Act.
• Instead, the statement may be considered as a statement under Section 164 of the Criminal Procedure Code (CrPC).

Timeframe Consideration

• Section 32 of the Indian Evidence Act does not specify a specific timeframe between the declaration and the death of the declarant.

Evidentiary Value of Dying Declaration Together with Exceptions Thereof

• A dying declaration can be the primary basis for a conviction. When someone is close to death and makes a statement, it is considered reliable because the person is believed to be speaking the truth without the need for additional evidence to support it.
• Contrary to common belief, a dying declaration is not automatically considered weaker evidence compared to other types of evidence.
• Each case involving a dying declaration must be carefully examined based on its unique circumstances and the situation in which the declaration was made.
• A dying declaration holds the same weight as any other form of evidence and should be evaluated in conjunction with the surrounding facts, following the general principles that guide evidence assessment.
• It is preferable for a competent magistrate to document a dying declaration in a question-and-answer format, striving to capture the exact words spoken by the individual making the declaration whenever feasible.
• When determining the reliability of a dying declaration, the court should consider factors such as the declarant's ability to perceive and understand events at the time of making the statement.
• The court must ensure that no external influence or manipulation affected the dying declaration, that the person making the statement was in a sound mental state, and that the declaration was not a product of imagination.

Understanding the Inadmissibility of Dying Declarations

• When a dying declaration is being assessed for admissibility in court, there are crucial factors to consider:
• If the deceased individual made statements before their passing that did not relate to the cause of their death, those statements may not qualify as a dying declaration.
• Doubts, inconsistencies, significant gaps, evidence of falsehood, or signs of coercion in the statement can raise concerns about its reliability.
• The credibility of the person making the declaration as a competent witness holds paramount importance. For instance, in the legal case of Amar Singh v. State of Madhya Pradesh, it was emphasized that without proof of mental or physical fitness, the dying declaration may not be deemed reliable.
• If the statement made by the deceased individual pertains to the death of another person rather than their own demise, it does not hold relevance as a dying declaration.

Let's delve deeper into these points to understand why and how these factors impact the admissibility of dying declarations:

Statements Unrelated to the Cause of Death

When someone's statements made before death do not specifically address the circumstances or cause of their passing, they may not be considered as a dying declaration. For instance, if a person talks about an unrelated event or topic before their demise, it might not hold the same evidentiary weight in court.

Reliability Concerns

Issues such as doubts, inconsistencies, significant gaps in the statement, evidence of falsehood, or indications of coercion can cast doubt on the reliability of a dying declaration. For instance, if there are conflicting accounts or if the statement appears to be coerced, its credibility may be questioned.

Importance of Declarant's Credibility

The credibility of the person making the dying declaration is crucial in determining its admissibility. In legal cases like Amar Singh v. State of Madhya Pradesh, it was highlighted that without proof of the declarant's mental and physical capacity, the dying declaration might not be considered reliable. This underscores the significance of establishing the witness's competence.

Relevance to Own Death

A dying declaration must specifically pertain to the declarant's own death to be admissible. If the statement concerns the death of another individual, it does not qualify as a dying declaration. This distinction is important in ensuring the relevance and validity of such statements in legal proceedings.

Evidentiary Value of Dying Declaration Based on Suspicion

• The credibility of a dying declaration can be questioned if there are circumstances that make its authenticity doubtful. Relying solely on a dying declaration surrounded by suspicion may not be adequate to prove guilt.
• For instance, if a dying declaration documented by a magistrate lacks the deceased person's signature and fails to mention the date and time of recording, it might be considered inadmissible unless the prosecution provides a valid explanation for these omissions.
• In a notable case from 2011, Natha Shankar Mahajan v. State of Maharashtra, the Bombay High Court highlighted that when doubts arise regarding a dying declaration, the accused should be given the benefit of the doubt. Therefore, if there are clear suspicious circumstances associated with a dying declaration, it should not be used as a primary piece of evidence.

Evidentiary Value of a Medical Officer's Opinion and the Condition of the Deceased

• When a medical officer records a dying declaration, it carries significant evidentiary value due to the credibility and trustworthiness associated with doctors as independent professionals.
• Doctors, being impartial experts, are entrusted with the task of recording dying declarations when they observe that the patient's condition is rapidly deteriorating and immediate action is necessary.
• It is crucial for the doctor or magistrate recording the statement to consider the health condition of the victim. For instance, the effects of medication administered to the victim should be taken into account as they may influence the accuracy of the statement.
• Ensuring that the victim is conscious, aware of their surroundings, and mentally sound is essential before obtaining a dying declaration to guarantee its validity.
• A judicial magistrate must acquire a certificate from examining doctors affirming that the victim was in a fit state and provided a true statement.

Conclusion

• In conclusion, a dying declaration holds considerable importance as a critical piece of evidence in legal proceedings. This statement, made by a person who is on the brink of death, provides an account of the circumstances leading to their impending demise. The evidentiary value of a dying declaration is substantial, to the extent that it can serve as the sole basis for a conviction without the requirement for additional corroboration.
• Several principles govern the admissibility and assessment of dying declarations. These statements must be voluntary and truthful, with the imminent approach of death enhancing the credibility of the declaration. While it is treated on par with other forms of evidence, its evaluation is contingent on the surrounding circumstances and the overall weight of the evidence presented.
• Recording a dying declaration involves the documentation by a competent magistrate or medical officer, ensuring material completeness and fidelity to the declarant's words. It is crucial to establish that the declarant was of sound mind and free from any coercion or undue influence.
• The evidentiary weight of a dying declaration is grounded in the belief that a person facing imminent death is unlikely to lie. However, doubts or suspicious circumstances may impact its reliability, emphasizing the need for a thorough and cautious evaluation within the legal framework.