Dying Declaration Article

DYING DECLARATION

By

 

Y. SRINIVASA RAO M.A (English)., B.Ed., B.L., (LL.M), I ADDL. JUNIOR CIVIL JUDGE BHIMAVARAM.

'' A person , who is about to ie , wou! not !ie''. '' Truth sits on the !ips o" a person who is about to ie''

INTROD#CTION$ The maxim “ Nemo moriturus praesumitur mentire” is

basis basis for ''dying ''dying declaratio declaration'', n'', which means '' a man will not meet his maker with a lie in his mouth'' . A dying del!"!#i$ del!"!#i$n n is !lled !lled !s %% Le#e"&

M$"#e&%%. 'he $"d %'%' Leterm Mortem'' &e!ns %'%' Words said before death' %.%. Recording of dying declaration is very important task. Utmost care is to be taken while while recordin recording g a dying dying declarati declaration. on. If a dying declarat declaration ion is recorded carefully by the proper person, keeping in mind the essential ingredients of the dying declaration, such declaration retains its full value. Section 32 (1) of Indian Evidence Act.

A close scrutiny of section 32 (1) of Indian Evidence Act, it is vividly known known when the statement statement is made by a person person with regard regard to the cause of his death, or any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes comes into question question.. Such statement statementss are relevant relevant irrespectiv irrespectivee of the person who made such declaration was expecting death or not . Thus, it is apt to say that admiss admissibil ibility ity of Dying Dying declarati declaration on is explained explained in the the section 32 (1) of Indian Evidence Act.

%ow a &in e(!aration shou! be)



'he"e is n$ *!"#i+l!" $"& $ dying del!"!#i$n. H$e-e", #he est form of dying declaration is in the form of questions and answers. However, whenever a dying declaration is being recorded in the form of questions and answers precaution should be taken that exactly what questions are asked and what answers are given by the patient those should be written. A dying del!"!#i$n &!y e in #he $ll$ing $"&s/ 0. 1"i##en $"&2 . Ve"!l $"&2 3. Ges#+"es !nd 4igns $"&. In #he !se %%5+een -s Ad+ll!0%%, i# !s held #h!# i #he in6+"ed *e"s$n is +n!le #$ s*e!7, he !n &!7e dying del!"!#i$n y signs !nd ges#+"es in "es*$nse #$ #he 8+es#i$n. 4. If a person is not capable of speaking or writing he can make a gesture in the form of yes or no by nodding and even such type of dying declaration is valid. 5. It is preferred that it should be written in the vernacular which the patient understands and speaks. 6. A dying declaration may be in the form of narrations. In case of a dying declaration is recorded in the form of narrations, nothing is being prompted and every thing is coming as such from the mind of the person making it. OBJEC'42 0. 'he *"es+&*#i$n is %% ! *e"s$n h$ is !$+# #$ die $+ld n$# lie%%. . I# is !ls$ s!id #h!# %% '"+#h si#s $n #he li*s $ ! *e"s$n h$ is !$+# #$ die%%. 3. 'he -i#i& is e9l+si-e eye i#ness !nd hene s+h e-idene sh$+ld n$# e e9l+ded.

0 ILR : 3;<

3

 Who may record a dying declaration ?

1. It is best that it is recorded by the magistrate . 2. If there is no time to call the magistrate, keeping in view the deteriorating condition of the declarant, it can be recorded by anybody e.g. public servant like doctor or any other person. 3. It cannot be said that a dying declaration recorded by a police officer is always invalid. 4. If any dying declaration is

not recorded by the competent

Magistrate, it is better that signatures of the witnesses are taken who are present at the time of recording it. Important

facts

to be

remembered

before

recording

Dying

Declaration:

1. The declarant was in a fit condition of mind to give the statement when recording was started and remained in fit condition of mind until the recording of dying declaration is completed. 2. The fact of fit condition of mind of declarant can be best certified by the doctor . 3. Yet, in case of where it was not possible to take fitness from the doctor, dying declaration has retained its full sanctity if there are other witnesses to testify that declarant was in fit condition of the mind which did not prevent him from making dying declaration. 4. However, it should not be under the influence of any body or prepared by prompting, tutoring or imagination.

If any dying

declaration becomes suspicious, it will need corroboration. 5. If a declarant made more than one dying declarations and if these are not at variance with each other in essence they retain their full value. If these declarations are inconsistency or contradictory, such dying declarations lose their value.

 N$ i# is -e"y essen#i!l #$ 7n$ #he $ndi#i$ns $" !d&issiili#y !nd e-iden#i!"y -!l+e $ ! dying del!"!#i$n. 'he #!le gi-en in"! s+in#ly e9*l!ins #he s!&e/ CONDI'ION4 =OR ADMI44IBILI'>

EVIDEN'IAR> VALUE

? 0.

'he

del!"!n#

,h$

g!-e

dying

0.

del!"!#i$n, sh$+ld h!-e died.

E-iden#i!"y -!l+e $ dying del!"!#i$n ill

h!nge

"$&

!se

#$

!se

!$"ding #$ !# !nd i"+&s#!nes $ 2.

Admissibility of dying declaration is

e!h !se.

explained in the section 32 (1) of .

Indian Evidence Act.

A dying del!"!#i$n &+s# e "e$"ded in e9!# $"ds s*$7en y #he del!"!n#.

3.

When the statement is made by a person as to the cause of his death, or

3. I ! $&*e#en# M!gis#"!#e "e$"ds !

the

dying del!"!#i$n in 8+es#i$n !nd

transaction which resulted in his death,

!nse" $"& , s+h dying del!"!#i$n

in cases in which the cause of that

ill h!-e &+h e-iden#i!"y -!l+e.

any of the circumstances

of

person’s death comes into question. Such statements are relevant whether

?.

I ! dying del!"!#i$n is "e$"ded N$

was

s$$ne" d$es #he in$"&!#i$n "eei-e

expecting death or not. (See section 32

#h!n #he dying del!"!#i$n is "e$"ded,

(1) of Indian Evidence Act).

#+#$"ing y in#e"es#ed *e"s$ns !n e

the

person

who

made

this

!-$ided. ?.

'he

dying

del!"!#i$n

&+s#

e