A Dying Declaration is a statement made by a person about the cause of his death or the circumstances of the transaction resulting in his death. It is a critical piece of evidence in the Indian judicial system, as stipulated by Section 26(a) of the Bharatiya Sakshya Adhiniyam. This provision makes statements made by the deceased about the cause of their death or the circumstances leading up to it admissible in court.
The principle on which it is admitted as evidence is indicated in the legal maxim ‘nemo moriturus prae-sumitur mentire’, which means a man will not meet his maker with a lie in his mouth. This is precisely why courts have held that an accused can be convicted solely on the basis of a ‘dying declaration.’ In fact, no corroboration is required since corroboration is only a rule of prudence and not a rule of evidence.
Concept and Legal Framework Behind Dying Declaration:
According to the Black’s Law Dictionary, dying declaration means “a statement by a person who believes that death is imminent, relating to the cause or circumstances of the person’s impending death. It is also termed as a deathbed declaration or ante mortem statement.” A “dying declaration” has been ruled out by making it admissible in court on the assumption that an individual does not have an ulterior motive while expecting his death. Considering the current situation, “dying declaration” as a kind of proof has been identified as a critical and necessary end to achieving justice. The requirement of a dying declaration in certain instances has made it admissible as evidence in court to determine the facts surrounding the cause of the declarant’s death. The victim is an exclusive eyewitness, so such evidence should not be excluded (P.V. Radhakrishna v. State of Karnataka, 2003, SC).
Section 26(1) of Bharatiya Sakshya Adhiniyam (BSA) addresses situations where a person, in anticipation of death or otherwise, makes a statement about the cause of their death or the circumstances leading to it. The Supreme Court, in the case of Sunder Lal v. State of Rajasthan, 2007, provides the meaning of a dying declaration as “Dying Declaration means the statement made by a person as to the cause of his death or as to the circumstances of the transaction resulting in his death.”. It is an exception to the rule against hearsay.
Essentials of Dying Declaration and its Scope:
The following conditions must be fulfilled to make a valid dying declaration:
- The declarant should be aware of the fact that death is impending.
- The cause of death must be explained by the declarant, or at least the circumstances that resulted in his death must be explained in the statement.
- The statement made should be honest, credible, voluntary, and uninfluenced.
- The declarant must be conscious and coherent while making the statement.
- The statement should not be made after tutoring or prompting.
The statement is relevant in any judicial proceedings where the cause of death of that person is an issue. Section 26(a) of the Bharatiya Sakshya Adhiniyam makes it abundantly clear that the statement is admissible in civil as well as criminal proceedings, and it is not necessary that the person making the statement should be apprehending death at the time of making the statement as per the Indian criminal laws.
The court is obligated to scrutinise the statement made by the declarant, as it does not go through the test of cross-examination. The Supreme Court in the case of the State of U.P. v. Ram Sagar Yadav, 1985 AIR 416, held that the primary effort of the court is to find out whether the dying declaration is true. If it is, no question of corroboration arises. It is only if the circumstances surrounding the dying declaration are not clear or convincing that the court may, for its assurance, look for corroboration of the dying declaration.
Form of Recording of Dying Declaration and its Admissibility During Trial:
There is no fixed form of recording a dying declaration prescribed under the law. It can be in written or verbal form or even in gesture and sign forms. It can be made in narration form or question-answer form too. The Allahabad High Court held in the case of Queen- Empress v. Abdullah, 1885, that “If the injured person is unable to speak, he can make a dying declaration by signs and gestures in response to the question.” There is no form prescribed for the dying declaration, and if the dying declaration is not recorded as a question and answer, it will not vitiate the same, as held by the Supreme Court in Harjit Kaur v. State of Punjab, 1996.
The dying declaration can be recorded by anybody, but the physical and mental condition of the declarant must be considered while determining as to who would record it. It can be done by doctors treating them, by any public official, or even by the police officer, and wherever possible, it must be done by a competent magistrate. The presence of a magistrate is not necessary while recording a dying declaration (Dayal Singh v. State of Maharashtra, 2007, SC)
The dying declaration is made admissible vide Section 26(a) of BSA 2023, which states that “when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question,” it is relevant whatever may be the nature of the proceeding in which the cause of his death comes into question.
The Supreme Court, in the case of Munnu Raja v. State of M.P.,1975, held that the law pertaining to the admissibility of dying declaration should be applied and understood with caution because the declarant making such a statement shall not be cross-examined by the accused. The provision makes it categorically clear that the person making the statement does not necessarily need to have an expectation of death while making the statement as to the cause or circumstances of his death.
In the leading case of Pakala Narayan Swami v. The Emperor, 1939, the statement of Pakala Narayana Swamy’s wife, ”He is going to Berhampur to get back his amount” was considered as a dying declaration” The Privy Council emphasised that the statement must be related to the death or circumstances leading to the death, and not merely any other statement made by the deceased. ”A suicide note written found in the clothes of the deceased is in the nature of a dying declaration and is admissible in evidence.” ruled in the case of State v. Maregowda, 2002. The Supreme Court, in Laxman v. State of Maharashtra, 2002, ruled that the absence of a certification by a doctor regarding the mental fitness of the declarant does not render the declaration inadmissible, provided the court is otherwise convinced of its reliability. These precedents make it abundantly clear as to when and in which circumstances the dying declaration recorded will be made admissible in a court of law. It is regarded as a crucial piece of evidence in cases like homicide, accidents, and dowry deaths. The Indian judiciary has developed a nuanced approach to ensure that such declarations are given due weight without compromising the fairness of the trial. By carefully scrutinising the circumstances under which the declarations are made and seeking corroborative evidence, courts strive to uphold justice while respecting the gravity of a dying person’s last statement.