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CONTENTS
INTRODUCTION ....pg.2
HOW A DYING DECLARATION SHOULD BE.......pg.3
WHO MAY RECORD A DYING DECLARATION.......pg.4
IMPORTANT FACTS TO BE REMEMBERED BEFORE RECORDING
DYING DECLARATION ....pg.5
TABLE SHOWING THE CONDITIONS FOR ADMISSIBILITY AND
EVIDENTIARY VALUE OF A DYING DECLARATIONpg.5
DYING DECLARATION: AN EXCEPTION TO THE RULE AGAINST
HEARSAY..pg.11
DISTINCTION BETWEEN INDIAN AND. ENGLISH LAW
a)
b)
c)
d)
Page 1
.
.
4
.
3
S. 32(1) of the Indian Evidence Act provides that a statement by a person since deceased, as to the cause of
his death or any of the circumstances of the transaction that resulted into his death is relevant, irrespective
of the proceedings in which the cause of his death comes into question.
AshutoshSalil, An Analysis of Indian and English Position of Dying Declaration J 297,Cri.L.J.2005.
Id.
Sudipto Sarkar& V. R. Manohar, Sarkar on Evidence, 15th edn., vol. l.Wadhwa and Co., Nagpur, 1999, p. 633.
Page 2
ILR 7 385
Page 3
Page 4
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 anybody or prepared by
prompting, tutoring or imagination.
AND
EVIDENTIARY
VALUE
OF
DYING
Page 5
FOR
EVIDENTIARY VALUE
ADMISSIBILITY
declaration,
should
have died.
2. Admissibility
of
dying
case.
declaration is explained in
the section 32 (1) of Indian
Evidence Act.
in
exact
words
3. If a competent Magistrate
circumstances
the
of
the
person
who
4. If a dying declaration is
recorded No sooner does the
information receive than the
dying declaration is recorded,
tutoring by interested persons
can be avoided.
Page 6
all
declarations
must
such
be
identical.
the
circumstances
6. In
must be explained.
state in mind.
cause
declarant
be
dying
declaration.
of
death
of
considered
must
be
in
declaration.
8. Inconsistent
as
dying
dying
declaration is no evidentiary
of Punjab10)
to
question.
8. The
9. The
dying
declaration
Yet, it was held that ''Dying declaration incomplete as deceased not being able to answer further, held
could be relied upon. (AIR 1956 SC 168). ''
State of Haryana vs Manageram & others (AIR 2003 SC 558)
Page 7
be
taken
into
declaration,
Court
seeks
further
corroboration.
based
on
it
without
14. Corroboration
declaration
to
not
dying
necessary.
person
thumb
declaration
exception
to
evidence
because
is
an
hearsay
if
this
9
10
8
Page 8
is duly witnessed.
dying
declaration
becomes invalid.
14. Dying
declaration
not
part
of
dying
declaration if it is found to
be untrue and if it can be
separated [ Nand Kumar v.
state of Maharastra13.].
12
13
Page 9
Page 10
14
15
Page 11
17
Page 12
Wigmore observes "in ascertaining generally the existence of a knowledge of' approaching death, Courts are
now and ':, then making rulings at which common sense revolts. Moved either by declination to allow the
slightest flexibility of rule in applying principles- to circumstances or by a general repugnance to exceptions to
the hearsay rule, they have recorded decisions which can only be desired by-laymen and repudiated by the
profession." C.f; supra, note 2, p. 237.
19
. (1824) 2 B & C 605, c.f.; supra, note 8, p. 652.
20
. Supra, note 4, p. 634.
Page 13
.
.
23
.
24
.
22
Page 14
25
.
.
26
Page 15
27
.
.
29
.
28
Page 16
30
.
.
31
Supra, note 2.
Supra, note 2.
Page 17
.
.
34
.
35
.
33
Page 18
36
37
38
The Supreme Court in Paniben v. State of Gujarat, has summed up the principles goverining dying
declarations. Some of the important principles are as follow.
(1) It is neither a rule of law nor prudence that a dying declaration cannot be acted upon without
corroboration. If the Court is satisfied that the dying declaration is true and voluntary it can base a
conviction on it, without corroboration.
Page 19
(2) The Court has to scrutinize the dying declaration carefully and ensure that the declaration is not
the result of tutoring, prompting or imagination and the deceased had opportunity to observe and
identify the assailants and was in a fit state to make the declaration.
(3) Where a dying declaration is suspicious it should not be acted upon with out corroborative
evidence.
|4) Normally the Court in order to satisfy whether the deceased was in a fit state of mind while
making dying declaration look up to the medical opinion. But, where the eyewitness has said that
the deceased was in a fit and conscious state to make the dying declaration, the medical opinion
cannot prevail.
39
40
Supra, note 2.
Supra, note 28, p. 375.
Page 20
Page 21
43
.
.
44
45
46
AtulGandhia v. State of Assam, 1990 Cri. L. J. 1049 (Gau), Babura v. State of Rajasthan, 1993 Cr. L. J. 2696 (Raj)
I. L, R. (1979) 1 Del. 752, c.f; Deepak Arora, R. S. Dogra&Jaswant Singh, Law of Evidence, vol. 1 Madras Law
journal, Madras, 1998, p. 516.
Gulab Singh v. State, 1995 Cr. L. J. 3180 (Del)
(2002) 8 SCC 33
Page 22
47
.
.
48
Page 23
49
Page 24
50
Page 25
Page 26
Page 27
Page 28
Page 29
BIBLIOGRAPHY
Ashutosh Salil, An Analysis of Indian and English Position of Dying
Declaration J 297,Cri.L.J.2005
Sudipto Sarkar & V. R. Manohar, Sarkar on Evidence, 15th edn
Dying Declaration, at http:/www.lawyersclubindia.com/articles
Avatar Singh Principles of the Law of Evidence,16th ed.2007,
M. Monir, Law of Evidence 7th ed
Neha Vijayvarigya, "Admissibility Of Dying Declaration :Whether
Justified2006 (1) Cri.LJ
M.G. Amin, "Assumptions behind sanctity of dying declarations", (1995) 7
NLSJ,
Deepak Arora, R. S. Dogra&Jaswant Singh, Law of Evidence, vol. 1 Madras
Law journal, Madras, 1998
Black's Law Dictionary, Ed, Bryan A. Garner, 7th edn, West Group, St.
Paul, Minn, 1999
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