Dying Declaration and Section 32 Indian Evidence Act | Civil Law for Judiciary Exams PDF Download

Introduction

• Legal proceedings require evidence for validity and the Indian Evidence Act, 1872, was established to govern laws concerning evidence presentation in courts.
• Section 32 of the Indian Evidence Act pertains to statements by individuals who cannot testify in court, such as deceased or missing persons.
• These statements play a crucial role in court proceedings as they can lead to significant case conclusions.

Instances covered under Section 32

• Statements regarding the cause of death, irrespective of the presence of the person making the statement.
• Statements made in the regular course of business, including memos, acknowledgments, or documents written or signed by the individual.
• Statements that could result in criminal actions or financial liabilities for the individual.
• Opinions expressed publicly that the individual would likely have been aware of.
• Statements indicating the relationship between the person making the statement and the subject matter.
• Statements found in wills, deeds, or family documents depicting relationships.
• Statements within documents related to rights or customs claimed, created, or modified.
• Statements by multiple individuals regarding matters at hand.

Dying Declarations

• These are incriminating statements made by a deceased or missing person.
• The admissibility and significance of dying declarations as evidence have been widely debated in legal contexts.
• Various case laws have been established to address the complexities surrounding the use of these statements in court proceedings.

Admissibility of Dying Declaration

• A dying declaration can be the sole basis of a conviction, but it must be proven to have been made voluntarily and by a person in a sound state of mind, as established in the case of Waikhom Yaima Singh vs State of Manipur.
• In the case, the deceased made a dying declaration before five individuals, accusing the appellant of assaulting him between 10 pm and 3 am.
• However, a key witness who was informed of this declaration failed to report it in the First Information Report (FIR).
• The high court overturned the lower court's acquittal based on the dying declaration made to the five individuals.
• The complainant claimed to have searched for the deceased in the hospital from 10 pm to 3 am and found him unconscious, creating a discrepancy between the dying declaration and the complainant's presence.
• As a result, the high court deemed the dying declaration inadmissible due to its questionable nature and the inconsistent circumstances surrounding it.
• Consequently, the high court acquitted the complainant, emphasizing that the dying declaration should be disregarded since it was made when the deceased's mental state was compromised.

Dying Declaration: Understanding its Significance

Key Points

• The statement made as a dying declaration must be connected to the cause of death or the events that led to it. This principle was highlighted in the Patel Hiralal vs State of Gujarat case.
• In the case, the victim, who was fatally burnt, made several statements before succumbing to her injuries.
• One of the statements implicated 'Hiralal Patel' as the assailant, accusing him of setting her on fire due to false accusations about her sister.
• Despite some discrepancies in identifying the relationship of the accused, the dying declaration was crucial in establishing the circumstances of the victim's death.
• The High Court and later the Supreme Court emphasized the admissibility of dying declarations, even if they indirectly relate to the cause of death.

Elaboration

• The concept of a dying declaration is vital in legal proceedings, especially in cases where the victim's statement can shed light on the events leading to their demise.
• In the Patel Hiralal case, the victim's statements, made before her death, played a significant role in identifying the perpetrator and the motive behind the crime.
• For instance, her accusation against 'Hiralal Patel' not only pointed to the immediate cause of her death (being set on fire) but also revealed the underlying reasons for the attack.
• Despite minor inconsistencies in her statements regarding the familial relationships of the accused, the courts recognized the essence of the dying declaration in establishing guilt.
• Both the High Court and the Supreme Court underscored the importance of considering dying declarations as valuable evidence, even if they indirectly allude to the cause of death.

Admissibility of Dying Declaration to Police Officials

• In the case of Sudhakar vs State of Maharashtra, a 20-year-old teacher was allegedly gang-raped by two individuals - the headmaster and a co-teacher. She disclosed this to her family members and later reported it to the police.
• The police recorded the statement of the victim where she identified the accused individuals and explained the delay in reporting the incident. A medical examination confirmed recent sexual activity, leading to the filing of charges under section 376 of the Indian Penal Code for rape. Tragically, the victim took her own life after a few months, leading to additional charges under section 306 for abetment to suicide.
• The central question revolved around whether the statement given to the police before her death could be considered a dying declaration. The Supreme Court ruled that such a statement could be treated as a dying declaration since it pertains to the circumstances surrounding the victim's death, making it admissible in court.
• However, for a dying declaration to be valid, it must be proven beyond any reasonable doubt. In this case, the prosecution failed to establish this conclusively. Without the dying declaration, there is insufficient evidence to prove that the sexual intercourse was non-consensual or that the events led directly to the victim's suicide.
• Crucially, the lack of clear evidence linking the incident to the victim's suicide makes it challenging to draw a definitive conclusion. The prosecution's failure to establish these connections beyond a reasonable doubt weakens the case.

Form of Dying Declaration (Oral or Written)

• The dying declaration can be given in various forms, either orally or in writing. It may also be a combination of both or even conveyed through gestures and signs. For instance, pointing directly at the accused when questioned can serve as a valid dying declaration, especially if done in a lucid state of mind.
• In the legal case of Queen Empress vs. Abdullah, a poignant example illustrates the concept. A girl, unable to speak as her throat had been cut, implicated the accused by pointing at him, using gestures as a form of communication. This raises the question of whether such gestures and indications towards the accused can be admissible as a dying declaration in court.
• The court's ruling clarified that the victim's gestures and statements can indeed be considered a dying declaration, contingent upon the victim's mental state at the time. Moreover, they emphasized the need for corroborating evidence to support the dying declaration, ensuring it aligns with other factual elements. When the surrounding evidence aligns with the dying declaration, conviction becomes highly probable.

Dying Declaration or Medical Report or Certificate of Fitness

• The importance of the deceased's state of fitness, both physically and mentally, when providing a dying declaration is crucial. The individual must be in a sound state of mind and physical health to ensure the validity of the statement.
• A dying declaration may not be considered admissible in court if the person was on the verge of entering a coma when making the statement, highlighting the significance of the individual's ability to comprehend and communicate.
• Head injuries or physical trauma can also cast doubt on the credibility of a dying declaration as they may affect the coherence and accuracy of the statement.
• Illustrative case: In the Paparambaka vs State of Andra Pradesh case, the fitness certificate accompanying the dying declaration lacked essential details regarding the individual's health status, only stating consciousness without providing substantial information.
• The court, recognizing the risks involved, emphasized the necessity of comprehensive fitness assessments in such situations to avoid potential miscarriages of justice based on statements from individuals not in a fit state to provide reliable testimony.

Conclusion

The cases discussed above underscore the significance of Section 32 in the Indian Evidence Act. Dying declarations carry immense importance as they have the potential to be a pivotal factor in influencing a case's outcome, rectifying injustices, and setting matters right. The inclusion of such declarations in the legal proceedings is a benevolent provision. Various factors, such as the declarant's health condition, oral or written nature of the statement, and considerations like wills, contribute to determining the admissibility and acceptance of a dying declaration. These aspects highlight the impartial and objective nature of the legal framework.