Section 32 Of The Indian Evidence Act | Civil Law for Judiciary Exams PDF Download

Introduction

• The Significance of Dying Declarations:
  • Dying declarations are crucial statements made by individuals who are on the brink of death.
  • These declarations are considered highly reliable as they are made in extreme situations where there is no incentive to lie.
• Legal Basis for Admitting Dying Declarations:
  • The legal principle "nemo moriturus praesumitur mentire" supports the admission of dying declarations.
  • This principle signifies that a person facing death is unlikely to lie.
• Role in Legal Proceedings:
  • Dying declarations play a significant role in the law of evidence.
  • They are often relied upon to secure convictions in criminal cases.
• Evolution in Judicial Interpretation:
  • Indian courts have adapted various concepts to regulate the admissibility of dying declarations over time.
  • Interpretations of Section 32 of the Indian Evidence Act, 1872, have evolved to address the complexities surrounding dying declarations.

Indian Evidence Act and Dying Declaration

• Introduction to Dying Declaration:
  • Dying declaration is a legal concept in India that emphasizes the credibility of statements made by a dying person.
  • Section 32(1) of the Indian Evidence Act, 1872 outlines the provision for dying declarations.
• Admissibility of Dying Declaration:
  • A dying declaration is considered admissible in court even if it was not made under oath and the person making it cannot be cross-examined.
  • It is an exception to the rule of Hearsay Evidence.
  • Legal acceptance of dying declaration is based on the principles of necessity and historical beliefs.
• Importance of Dying Declaration:
  • In cases where the victim is the sole eyewitness, the exclusion of their statement could hinder justice.
  • There is a historical belief that impending death compels truthfulness similar to that of a sworn oath.
• Competency in Making Dying Declaration:
  • It is crucial for the person making a dying declaration to be competent at that moment for it to be considered admissible.
• Recording Dying Declaration:
  • The process of recording a dying declaration is of utmost importance and requires careful handling.
  • Special care must be taken to ensure accuracy and reliability of the statement.
• Relevance and Admissibility of Dying Declaration:
  • For a statement to be admissible under section 32(1) of the Indian Evidence Act, it is not necessary for the death to be directly linked in time to the statement.
  • The victim making the statement does not need to be directly involved in the events leading to their death.

Procedure to Record Dying Declaration

• Form of Declaration: A Dying Declaration can be oral, written, or even communicated through gestures or signs. It is essential that the declaration is in the victim's own language for authenticity.
• Recording Requirements: The declaration need not strictly follow a question-answer format. It should reflect the declarant's mental clarity at the time. Certificates from a doctor affirming the declarant's sound state of mind are crucial but not mandatory for validity.
• Recording Authority: The declaration can be recorded by a Magistrate, doctor, police officer, or any competent individual. However, a declaration recorded by a Magistrate carries more weight.
• Evidentiary Value: The weight of a dying declaration's statement depends on the circumstances of each case. The Supreme Court emphasizes that the declaration should ideally be in the declarant's own words.
• Acceptability: While traditional forms involve question-answer structures, even brief, direct statements hold validity if they accurately convey the declarant's message.
• Assessment of Declaration: The mental state, coherence, and awareness of the declarant play a significant role in evaluating the declaration's reliability.

Evidentiary Value of Dying Declaration

• Dying declaration holds significant weight in legal proceedings, often standing as a crucial basis for conviction without additional corroboration.
• Courts must ensure the authenticity and reliability of a dying declaration before considering it as a primary piece of evidence.
• The court needs to ascertain that the deceased's statement was not influenced by external factors like coaching or imagination.
• It is vital for the court to confirm that the deceased was sound of mind and had the ability to identify their assailants clearly.
• Once the court is convinced of the truthfulness and voluntariness of the dying declaration, it can lead to a conviction even without further corroboration.
• The evidentiary value of a dying declaration varies based on the nature of the case and its specifics.
• In the case of Sham Shankar Kankaria v. State of Maharashtra, the Supreme Court highlighted the solemnity of a deathbed declaration, emphasizing its acceptance due to the grave circumstances.
• Oath and cross-examination requirements are waived for dying declarations due to the critical nature of the situation.
• In Munnu Raja v. State Of MP, a First Information Report (FIR) recorded by the police was considered as a dying declaration.
• However, in State of Punjab v. Kikar Singh, it was established that an FIR cannot be treated as a dying declaration if the victim survived for an extended period after the incident.
• State v. Maregowda held that a suicide note found on the deceased's person can be considered a form of dying declaration and is admissible as evidence.

Multiple Dying Declaration

• In the legal case of InSayarabano Sultana Begum vs. State of Maharashtra, two separate dying declarations were documented.
• The first declaration detailed an incident where the deceased was purportedly involved in an accident. She claimed that a kerosene lamp had accidentally fallen on her body, causing her to catch fire.
• Upon recording the second declaration, the judicial magistrate inquired about the change in the statement. The deceased revealed that her initial declaration was altered under pressure from her mother-in-law, who was actually responsible for the incident. The victim also disclosed that she was being harassed by her mother-in-law.
• The court, in this case, deemed the second declaration as credible and trustworthy. The mistreatment of the deceased was substantiated and proven based on the testimony of other witnesses.
• In the case of Sher Singh vs. State of Punjab, three dying declarations were presented. The court ruled that the conviction could be established based on the third statement, which aligned with the second one. The first statement, recorded immediately after admission to the hospital, was considered invalid due to potential coercion or duress.
• Conversely, in the State of AP vs. P. Khaja Hussain, a conviction was overturned due to discrepancies between the two dying declarations. Insufficient evidence linking the accused to the crime further contributed to the decision. The court emphasized that medical opinions cannot negate direct eyewitness accounts stating the deceased's ability to provide a valid dying declaration, as evidenced in Nanhau Ram vs State Of MP.

Recording Of Declaration in Different Languages

• Case: In the case of InB. Shashikala vs. State of A.P, a situation emerged where the dying declaration of the victim was recorded in Hindi. The Magistrate posed questions in English, the victim responded in Hindi, and a physician served as a translator between them.
• Ruling: The Magistrate and the doctor were proficient in Hindi, and both verified the translation, ensuring the victim's statement was not influenced. Consequently, the declaration was deemed admissible and trustworthy in the Courts.
• Case: In the case of Thanu Ram vs. State of MP, there was ambiguity regarding whether the deceased spoke in Chattisgarhi or Hindi. Despite the recording being in Hindi, the court deemed the declaration clear, straightforward, and free of irregularities or confusion, thus using it as evidence for conviction.

Exceptions to Admissibility of Dying Declarations

• If the reason for the death of the deceased is not under question: Statements made by the dying person are not admissible if they do not relate to the cause of their death.
• Competency of the declarer: The declarer must be mentally and physically fit to provide a valid dying declaration. For instance, a dying declaration from a child is not considered admissible.
• Contradictory statements: If a declarant provides multiple statements that are contradictory, none of these statements hold evidentiary value.
• Unsound mind: Declarations made by individuals who are not of sound mind cannot be relied upon as credible evidence.
• Inconsistency in declaration: An inconsistent dying declaration does not hold evidential weight.
• Statements regarding another individual's death: If the declaration made by the deceased pertains to the death of someone other than themselves, it is not considered relevant.
• Alignment with the prosecution's case: If the dying declaration contradicts the case presented by the prosecution, it may not be admissible.
• Avoiding influence: Dying declarations should be free from external influences to maintain their credibility.
• Incomplete declarations: Declarations that are incomplete are not admissible as evidence in legal proceedings.

Conclusion

• The dying declaration holds immense significance as a crucial piece of evidence, often serving as the final and most relevant testimony regarding the commission of a crime. Recognizing its importance, the law of Evidence deems it both applicable and admissible. The dying declaration can be pivotal evidence against the accused, and in some cases, a conviction may be solely based on its contents. Given its gravity, the courts have developed various principles to govern its use, emphasizing the necessity for accuracy, authenticity, and freedom from manipulation.
• The credibility of a dying declaration lies in its accuracy and the absence of doubts, portraying the true account of the declarant. Should any doubts arise, the court is obliged to scrutinize corroborative evidence to verify the declaration's truthfulness. If no such evidence is found, the court may reject the declaration. It becomes the court's responsibility to examine the dying declaration diligently, ensuring its accuracy before proceeding to convict an accused. The stringent scrutiny and verification process underscore the importance of maintaining the integrity and reliability of dying declarations in legal proceedings.