Notes on dying declaration

Central Government Act

Section 32 in The Indian Evidence Act, 1872

32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc ., is relevant. —Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases:—

1 when it relates to cause of death. —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. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

A dying declaration is a statement made by a dying person as to cause of his death or as to any of the circumstances of the transaction which resulted in his death when the cause of his death is in question.

Such statements are relevant- whether the person who made them was or was not at the time when they were made under expectation of death,and whatever may be nature of proceedings in which the cause of his death comes into question.

If the person making dying declaration chances to live,his statement is inadmissible as a dying declaration,but it might be relied on U/S 158 to

corroborate his testimony when examined.Such a statement can also be used to contradict him U/S 145.

Gestures are admissible in evidence,but opinion of witnesses as to meaning of gestures are not admissible.

If something in a dying declaration is false,the whole declaration must not necessarily be discarded.

Grounds for admitting dying declaration are-

1) death of declarant;

2) Necessity: The victim being generally the only eye-witness to the crime,the exclusion of his statement would tend to defeat the ends of justice;and

3) The sense of impending death which creates a sanction equal to the obligation of an oath.

a)

When the person making the statement is not proved to have died as a result of the injuries received in the incident,his statement can not be said to be statement as to cause of his death or as to any of circumstances of transaction which resulted in his death.

b) If statement made by deceased does not relate to his death,but to the  death of another person,it is not relevant.

c) Dying declaration can not be proved unless the death of the person who made the declaration is also proved.S 104 of Evidence Act.

   

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