A PROJECT REPORT ON

“DYING DECLARATION”

1
 Table of Contents

 Introduction……………………………………………………………..….7

 Section 32 (1) of Indian Evidence Act……………………………………12

 How a dying declaration should be…………………………………….…12

 Object…………………………………………………………………...…13

 Who may record a dying declaration…………………………………..….13

 Important facts to be remembered before recording Dying Declaration:.....13

 Now it is very essential to know the conditions for admissibility and

evidentiary value of a dying declaration. The table given infra succinctly

explains the same………………………………………………………..…15

 Relevant Case-Law as to ''Dying Declaration''…………………………….16

 Dying Declaration: A need for change………………………………….…17

 Conclusion………………………………………………………………….23

 Bibliography………………………………………………………………..24

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 ABSTRACT
In my project I explain the meaning of Dying Declaration and its evidentiary values. Dying
declaration is very important documentary evidence. It is hearsay evidence but even then itis
given a lot of weight age in the court proceedings. Recording of dying declaration is very
important. If it isrecorded properly by the proper person keeping in mind the essential
ingredients of the dying declarationit retains its full value. Missing any single ingredients of
dying declaration makes it suspicious and offendersare likely to get the benefits of its
shortcomings. Further I explained the purpose behind Dying Declaration and its value in front of
the court.
KEYWORDS:

 Dying Declaration,
 Compos Mentis

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 INTRODUCTION

'' A person, who is about to die, would not lie'', '' Truth sits on the lips of a person who
is about to die''

Dying declaration is bases on the maxim “Nemomorituruspraesumiturmentire” i.e. a man will

not meet his maker with a lie in his mouth. Hearsay evidences are not given any weight age in
the courts because the person who is giving this evidence is not telling his experiences but that of
another person and who cannot be cross examined to verify the facts. Dying declaration is an
exception to this rule because if this evidence is not considered very purpose of the justice will
be forfeited in certain situations when there may not be any other witness to the crime except the
person who has since died. Sometimes it the best evidence in such situations. Its admissibility is
explained in the section 32 (1) of Indian Evidence Act. According to this section when the
statement is made by a person as 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
into question. Such statements are relevant whether the person who made this was expecting
death or not. 1In English law he must be under expectation of death only then this declaration is
valid. This declaration is valid both in civil and criminal cases whenever the cause of death
comes into question. If we read the various judgments on the admissibility of dying declaration
at times various judges have taken diagonally opposite views and different explanations have
been offered though the motive in all have been to provide justice to the people. Main thing is
that if these declarations seem trustworthy to courts these retain their full values. Most important
point of consideration is that victim was in a fit condition of mind to give the statement when
recording was started and remained in fit condition of mind till the recording of the statement
finished. Merely stating that patient was fit will not serve the purpose. This can be best certified
by the doctor who knows best about the condition of the patient. But even in conditions where it
was not possible to take fitness from the doctor, dying declarations have retained their full
sanctity if there are other witnesses to testify that victim was in such a condition of the mind
which did not prevent him from making statement. Medical opinion cannot wipe out the direct
testimony of the eyewitness stating that the deceased was in fit and conscious state to make the

1
1999 Cr.L.J 1122

4
dying declaration.2 Second most important point to be considered is that it should not be under
the influence of any body or prepared by prompting, tutoring or imagination. Even if any one of
these points is proved then dying declaration is not considered valid. If it becomes suspicious
then it will need corroboration. If a person has 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 contradictory than these lose value. Best form of dying declaration is in the form
of questions and answers. If it is in the form of narrations it is still good because nothing is being
prompted and everything is coming as such from the mind of the person making it. 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 declaration is valid. Whenever this 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. It is preferred that it should be written in the
vernacular which the patient understands and speaks. It is best that it is recorded by the
magistrate but if there is no time to call the magistrate due to the deteriorating condition of the
victim it can be recorded by anybody e.g. public servant like doctor or any other person. Courts
discourage the recording of dying declaration by the police officers but if there is no body else to
record it dying declarations written by the police officers are also considered by the courts. If
these are not recorded by the magistrate it is better that signatures of the witnesses are taken who
are present at the time of recording it. In burn cases usually it is debated the person is not capable
of making dying declaration due to the effect of burns or due to the narcotic sedation given to
treat burns. But Gupta and Jani have opined that neither effect due to burns nor the drugs used to
treat burns victims conventionally affects the higher functions. Therefore they safely concluded
that compos mentis is not affected either by burns or by its treatment 3. If the person making it is
imbecile or is of tender age and was incompetent to testify due to this reason, that dying
declaration would not be valid.4 As a measure of safety original dying declaration should be sent

2
2000 Cr.L.J. 3949
3
V. S. De.sai, Foreward to A Short edition of Principles and Digest on the Law of Bvidemce (19 1 t) by M.Monir.
4
Sir Rupert Cross, Evidence (1979) at 1.

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to the court like FIR and its Photostat should be kept in the case file 5. It does not matter that the
person has put a thumb impression or signed it if this is duly witnessed. But in the court question
does arise if a person who can sign puts a thumb impression. If a literate person putting the
thumb impression is in such a condition that he cannot sign e.g. he was lying in the bed and
could not get up to sign it or it was inconvenient for him to put thumb impression due to his
condition (intravenous drip on the back of hand) or injury e.g. injury on the right hand in a right
handed person. In the absence of such conditions if there is thumb impression and this is not
witnessed by disinterested persons a doubt may be created whether this was done after the person
died to take revenge by some interested person. There is usually no time limit that dying
declaration becomes invalid if the person died after many months after making the declaration.
Cases are on record when it was considered valid after 4 months. Even the HISTORY given by
the injured recorded by the doctor in the case file has been considered as dying declaration by the
honorable Court if it is mentioned that the patient told in the history that incident occurred in
such and such manner which was responsible for the death of the victim6. Hence it is important
that if such history is written as narrated by the victim it should be recorded carefully, keeping in
mind the mentioned finding of the court. First information report got recorded by the police has
been taken as dying declaration by the Honorable Supreme Court, when the person did not
survive to get his dying declaration recorded7. But when patient remained admitted in hospital

5
Section 60 of the Indian Evidence Act reads as. Oral evidence must be direct.-Oral evidence must, in all cases
whatever, be direct; that is to say if it refers to a fact which could be seen, it must be the evidence of a witness who
says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it. if
it refers to P fact "hi& could be perceived by any other sense or in say other manner, it must be the evidence of a
witness who says he perceived it by that sense or in that manner; if it refers to an opinion or to the grounds on
whichthat opinion is held, it must be the evidence' of the person who holds that opinion on those grounds ; Provided
that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such
opinions are held. May be proved by the production of such treatise if the author is dead or cannot be found. Or has
become incapable of giving evidence, or cannot be called as a witness without an amount o. delay or expense which
the Court regards as unreasonable: Provided also that, if oral evidence refers to the existence or condition of any
material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for
its inspection.
6
C. D. Field, Law of Evidence, (10th ed.) 2191.
7
W M, Beat, The Principles of the Law of Evidence, (9th ed.) 41.

6
for sufficient days i.e. for 8 days FIR cannot be treated as dying declaration 8. A suicidal note
written found in the clothes of the deceased it is in the nature of dying declaration and is
admissible in evidence under Section 32 of Indian Evidence Act9.

8
William Holds worth, 5 History of English Law, 183
9
R. v. Woodcock, (1789) 1 Leach 534.

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 Section 32 (1) of Indian Evidence Act

A close scrutiny of section 32 (1) of Indian Evidence Act, it is vividly known when the
statement is made by a person with 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 into question. Such statements are relevant irrespective of the person who made such
declaration was expecting death or not. Thus, it is apt to say that admissibility of Dying
declaration is explained in the section 32 (1) of Indian Evidence Act.

How a dying declaration should be?

There is no particular form of dying declaration. However, the best 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 declaration
may be in the following forms:

1. Written form;
2. Verbal form;
3. Gestures and Signs form. In the case ''Queen vs. Abdulla10'', it was held that if the
injured person is unable to speak, he can make dying declaration by signs and
gestures in response to the question.
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
everything is coming as such from the mind of the person making it.

10 ILR 7 385

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 OBJECTS

 The presumption is '' a person who is about to die would not lie''.
 It is also said that '' Truth sits on the lips of a person who is about to die''.
 The victim is exclusive eye witness and hence such evidence should not be excluded.

Who may record a dying declaration?

 It is best that it is recorded by the magistrate.

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

 The declaring 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.
 The fact of fit condition of mind of declaring can be best certified by the doctor.
 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
declaring was in fit condition of the mind which did not prevent him from making dying
declaration.
 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.
 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.

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 Now it is very essential to know the conditions for admissibility and evidentiary
value of a dying declaration. The table given infra succinctly explains the same:

CONDITIONS FOR ADMISSIBILITY EVIDENTIARY VALUE

1. The declarant, who gave dying 1. Evidentiary value of dying

declaration, should have died. declaration will change from case to
case according to fact and
circumstances of each case.

2. Admissibility of dying declaration is 2. A dying declaration must be

explained in the section 32 (1) of Indian recorded in exact words spoken by
Evidence Act.
the declarant.

3. When the statement is made by a person 3. If a competent Magistrate records a

as to the cause of his death, or any of the dying declaration in question and
circumstances of the transaction which
answer form, such dying
resulted in his death, in cases in which
declaration will have much
the cause of that person’s death comes
evidentiary value.
into question. Such statements are
relevant whether the person who made
this was expecting death or not. (See
section 32 (1) of Indian Evidence Act).

4. The dying declaration must be 4. If a dying declaration is recorded

complete11. No sooner does the information
receive than the dying declaration is
recorded, tutoring by interested
persons can be avoided.

5. The cause of death must be 5. In case more than one dying

explained by the declarant or declarations, all such declarations

11 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). ''

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 atleastthe circumstances which must be identical.
resulted his/her death must be
explained.

6. The declarant, who makes dying 6. In Jai Prakash vs. State of

declaration, must be conscious and Haryana12, it was observed that '' a
coherent. statement of victim which was
recorded by the police officer in
hospital. Later, such statement was
taken to be a dying declaration.

7. The declarant must be sound state 7. In some cases, F.I.R was also
in mind. considered as a dying declaration.

8. The cause of death of declaring 8. Inconsistent dying declaration is no

must be in question. evidentiary value. ( SmtKamla vs
State of Punjab13)

9. The declarant need not be under 9. Despite there is a dying declaration,

shadow of death.14 Court seeks further corroboration.

12 (1998) 7 SCC 284

13 AIR 1993 SC 374.
14 State of Haryana vs Manageram& others (AIR 2003 SC 558)

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 RELEVANT CASE-LAW AS TO ''DYING DECLARATION'':

 In the case of N Ram vs. State15the Supreme Court held that Medical opinion
cannot wipe out the direct testimony of the eyewitness stating that the deceased
was in fit and conscious state to make the dying declaration.

 In the case of R v. Pike. C & P.16the Supreme Court held that If the person
making it is imbecile or is of tender age and was incompetent to testify due to this
reason, that dying declaration would not be valid.

 In the case of State of Karnataka v. Shivalingappa17the Supreme Court held

thatAs a measure of safety original dying declaration should be sent to the court
like FIR and its Photostat should be kept in the case file.

 In the case of State of Karnataka v. Shariff18the Supreme Court held thatEven the
''History'' given by the injured recorded by the doctor in the case file has been
considered as dying declaration by the honorable Court if it is mentioned that the
patient told in the history that incident occurred in such and such manner which
was responsible for the death of the victim

 But, in the case State of Punjab v. Kikar Singh,19 it was held that ''when patient
remained admitted in hospital for sufficient days i.e. for 8 days FIR cannot be
treated as dying declaration''.

15AIR 1988 SC 912: 1988 Cri LJ 1485

16
1829; 3: 598
17
2001 (4) RCR(Criminal) 237 (Karnataka) (DB)
182003 CAR 219-228, (SC)
19
2002 (30 RCR (Criminal) 568 (P & H) (DB),

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  In the case ''State v. Maregowda,20 it was held that ''A suicide note written found
in the clothes of the deceased it is in the nature of dying declaration and is
admissible in evidence under section 32 of Indian Evidence Act''.

 In the case, State of Gujarat v. RabriPanchaPunja21, it was held that '' It retains
its full value if it can justify that victim could identify the assailant, version
narrated by victim is intrinsically sound and accords with probabilities and any
material evidence is not proved wrong by any other reliable evidence''.

 Dying declaration becomes unreliable if it is not as per prosecution version. In the

case of '' State of UP v. Madan Mohan,22 the Hon'ble Supreme Court of India
held:

a. It is for the court to see that dying declaration inspires full confidence as the
maker of the dying declaration is not available for cross-examination

b. Court should satisfy that there was no possibility of tutoring or prompting.

c. Certificate of the doctor should mention that victim was in a fit state of mind.
Magistrate recording his own satisfaction about the fit mental condition of the
declarant was not acceptable especially if the doctor was available.

d. Dying declaration should be recorded by the executive magistrate and police

officer to record the dying declaration only if condition of the deceased was so
precarious that no other alternative was left.

e. Dying declaration may be in the form of questions and answers and answers being
written in the words of the person making the dying declaration. But court cannot
be too technical.

 In the case ofBarati vs State Of U. P23, it was held that ''There was no reason to discard
the dying declaration made by the appellant to the police sub-inspector, The trial Court

20
2002 (1) RCR (Criminal) 376 (Karnataka) (DB)'',
21
Cri LJ. 1981;NOC: 171 (Guj)
22
AIR 1989 SC 1519''

13
 was wrong in rejecting the dying declaration to the police (F.I.R.) on the ground that the
deceased had stated to the doctor that he had become unconscious after the occurrence.
There was nothing in the statement recorded by the doctor to indicate that the deceased
remained unconscious for. a long time and as such was not in position to lodge the F.I.R.
The fact that the language used in the dying declaration made to the doctor was rather
chaste would not go to show that the said statement could not have been made by the
deceased. As to the language used in the dying declaration there is nothing abnormal or
unusual in the same person using colloquial language while talking to one person and
using refined language while talking to another person.

23
1974 AIR 839, 1974 SCR (3) 570

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 DYING DECLARATION: A NEED FOR CHANGE
The substantive law defines the rights, liabilities, disabilities and extent of such rights, liabilities
and disabilities etc. of the parties. Determination of rights, liabilities sought to be enforced by a
party is adjudicated by a court of law in a judicial proceeding. The adjective law provides for the
manner in which and the method by which such adjudication is carried on in arriving at a
conclusion as the existence of the right or liability sought to be enforced. The law of evidence is
the branch of law, which deals with proof which may, from a practical stand point, be stated as
establishing the essential facts relating to the right claimed or liability sought to have enforced by
proper legal means to the satisfaction of the court24. The evidence of a fact is that which goes to
prove it-something which would satisfy an inquirer of the facts' existence. Courts of law usually
have to find that certain facts exist before pronouncing on the rights, duties, and liabilities of the
parties and such evidence as they will receive in furtherance of this task is described as 'judicial
25
evidence'. Judicial evidence consists of the testimony, documents, things, and facts which a
court may accept as evidence of facts in issue in a given case. In India the law of evidence as
applied in judicial proceedings is mainly contained in the Indian Evidence Act 1872.

The general rule is that in order to prove fact best evidence must be furnished and direct
evidence is the best evidence26. Hence, as a general rule the admissibility of hearsay evidence is
excluded though there are exceptions to it. The theory that hearsay evidence should not -be a
Howled is-that the many 'impossible sources of inaccuracy and untrustworthiness which may be
underneath bare untested assertion of a witness can best be brought to light and exposed, if they
exist, by the test of cross-examination27". Dying declaration is one of the exceptions to the direct

24
Gupta BD, Jani CB. Status of compos mentis in relation to dying declaration in burn patients.JIAFM. 2004;
5(4):133 – 136
25
R v. Pike. C & P.1829; 3: 598.
26
Indian Evidence Act, 1872, Criminal Manual. 14th ed. Lucknow: Eastern Book Company, 2003: p15.
27
State of Karnataka v. Shariff 2003CAR 219-228, (SC)

15
evidence stated above and the necessity is for its admissibility. The victim, a prominent witness
to the occurrence, being dead in the absence of any other witness exclusion of the dying
declaration may lead to the acquittal of the accused resulting in miscarriage of justice. Hence the
need for this exception. . It may be stated here that the law requires that the evidence in a court of
justice should be given on oath. Oaths, however, it is well known , are not peculiar to courts of
justice, nor are they even are incarnation of the municipal law-having been in use before
societies were formed or cities built, and the most solemn acts of political and social life: bring
guarded by their sanction". An Oath is an application of the religious sanction. It is calling the
God to witness in aid of a declaration by man. Therefore, nothing but the belief in God, and that
He will reward and punish us according to our deeds, is necessary to qualify a mall to take an
oath. A witness who violates the sanctity of oath by narrating facts untrue to his knowledge
exposes himself to be punished fix perjury. Furthermore, the testimony of a witness in a court is
liable to be scrutinized and sifted by cross-examination, but the dying declaration is not subject
to any of the above safeguards to guarantee its truth.

Under the English law the earliest statement of the rule that a declaration by a dying man as to
the cause of his death is admissible evidence in a trial for murder or manslaughter is to be found
in dictum of Coke in the Star Chamber. As to the principle underlying the acceptance of dying
declaration Lord Eyre C. B. held that: The principle on which this species of evidence is
admitted is, that they are declarations made in extremity, when the part is at the point of oath,
and when every hope of this world is gone; when every motive of falsehood is silenced, and the
mind is induced by the most powerful consideration to speak the truth; a situation so solemn and
awful is considered by law as creating an obligation equal to that which is imposed by a positive
oath administered in the court of justice. Thus, the rationale is that no one would wish to die
with a lie on his lips. Under the English law dying declaration is admissible only in cases of
homicide. "Where the death of the deceased is the subject of the charge, and the circumstances of
the death are the subject of the dying declaration." Therefore, the dying declaration is not
admissible in civil cases as also in criminal cases excepting prosecution for homicide. It can be
safely said that the dying declaration has been allowed "to stand only upon the ground of public
necessity of preserving the lives of the community to bring manslayers to justice. For it often
happens that there is no third person present to be an eye witness in other cases of felony,

16
namely, the party injured is himself destroyed". At the same time the dying declarations are
admissible on the sole ground that they were made in extremis.

The danger of impending death being equivalent to the sanction of an oath, the declarants are,
therefore, considered as standing the same situation as if they were sworn. Hence, were the
declarant living he would be incompetent to testify and his dying declarations are inadmissible.

The rules for admissibility of dying declaration in India are contained in section 32 (1) of the
Indian Evidence Act 1872. It is a statement written or oral of a person who is dead and the same
is with respect to the cause of his death or the circumstances resulting in his death. The statement
is relevant in any judicial proceedings where the cause of death of that person is in issue. The
second Para of the sub section 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 Thus, it may be noted that, the
Indian law as to admissibility of dying declaration makes a departure from the English law
inasmuch as it is not limited to the cases of homicide and the restriction of expectation of death
has not been recognized. The declaration is admissible irrespective of whether the declarant was
in the danger of impending death at the time of making the statement. Thus, the basis which has
been considered to have taken the place of Oath and ensuring the truthfulness of the statement
has not been made a condition for its admissibility.

The court is under an obligation to closely scrutinize all the pros and cons of the circumstances
while valuating a dying declaration since it is not a statement made on oath and is not tested
onthe touch stone of cross- examination. In Ram Nath v. State of Madhya Pradesh28 the
Supreme Court has held that: It is settled law that it is not safe to convict an accused person
merely on the evidence of a dying declaration without further corroboration because such a
statement is not made on oath and is not subject to cross-examination and because the maker of it
might be mentally or physically in a state of compassion and might be drawing upon his
imagination while he was making the declaration.

28
AIR 1976 2199 (SC)

17
Thus, the Supreme Court has laid a stress, as a safeguard, on corroboration of the dying
declaration before it is acted upon. But the same court later, in Kushal Rao v. State of
Bombay29has held this observation to be in the nature of obiter dicta and observed that "it cannot
be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of the
conviction unless it is corroborated." In Harbans Singh V. State of Punjab30 the Supreme Court
has held that "it is neither a rule of law nor of prudence that a dying declaration requires being
corroborated by other evidence before a conviction can be based thereon." In State of U. P.
v.Ram Sagar Yadav31 the Supreme Court has observed: There is not even a rule of prudence
which bas hardened into a rule of law that a dying declaration cannot be acted upon unless
corroborated. The primary effort of the court has to be 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 to the dying declaration.

Hence, as a rule of law or prudence there is no requirement as to corroboration of the dying

declaration before it is acted upon. The basis for its admissibility is the conviction of the court
that it is true. The court may look for the corroboration of a dying declaration if the
circumstances under which it is made happen to be vague. The element of vagueness could crop
up due to several reasons, namely, the inability of the dying man to perceive things properly due
to pain or injury inflicted upon him or due to dwindling vision when he is on the verge of death.
Another important factor that forms basis of the admissibility of a dying declaration is the
morality or religious condition of the dying man, Truth sits on the lips of a dying man who has a
sense of impending death. But if the dying man was under no expectation of death, could it be
presumed that even then his religious or moral fiber would get strengthened impelling him to
speak the truth. We strongly feel that it is not always the case. Truth would sit on the lips of a
dying man only if he is under expectation of death. The Indian law does not insist on the element
of expectation of death while the English law does. We feel that Section 32 (1) be amended so as

29
A. I. R. 1985 S. C. 416.
30
AIR 1976 2199 (SC)
31
A. I. R. 1985 S. C. 416.

18
to include the word "expectation of death' to make its admissibility more in consonance with the
reasons for which it has been enshrined in the Indian Evidence Act.

CONCLUSION
Keeping in view the above mentioned opinions of various courts it is suggested that whenever
dying declaration is to be recorded it should be recorded very carefully keeping in mind the
sanctity which the courts attach to this piece of evidence. It retains its full value if it can justify
that victim could identify the assailant, version narrated by victim is intrinsically sound and
accords with probabilities and any material evidence is not proved wrong by any other reliable
evidence. It is perfectly permissible to reject a part of dying declaration if it is found to be untrue
and if it can be separated. Conviction can be based on it without corroboration if it is true and
voluntary. Dying declaration becomes unreliable if it is not as per prosecution version. This has
been summed up the Supreme Court:
1. It is for the court to see that dying declaration inspires full confidence as the maker of the
dying declaration is not available for cross examination
2. Court should satisfy that there was no possibility of tutoring or prompting.
3. Certificate of the doctor should mention that victim was in a fit state of mind. Magistrate
recording his own satisfaction about the fit mental condition of the declaring was not acceptable
especially if the doctor was available.
4. Dying declaration should be recorded by the executive magistrate and police officer to record
the dying declaration only if condition of the deceased was so precarious that no other alternative
was left.
5. Dying declaration may be in the form of questions and answers and answers being written in
the words of the person making the declaration. But court cannot be too technical.

19
BIBLIOGRAPHY
Books
 Indian Evidence Act, 1872, Criminal Manual, 14th ed. Lucknow: Eastern Book Company,
2003.
 Indian Evidence Act, 1872, Evaluation of Evidence, 1st ed. Hyderabad Asia Law House:
2010.

 Indian Evidence Act, 1872,a Concise Commentary,1st ed. Hyderabad Asia Law House:
2007.
 Indian Evidence Act, 1872, The Law of Evidence, 23rd ed. India Publication
Company:2010
 The Indian Evidence Act (English) Bare Act.
 The Law of Evidence: As Amended by the Criminal Law (Amendment) Act, 2013
(English) Bare Act.

Website

 http://www.victimsofcrime.vic.gov.au/home/resources/words+and+meanings/
 http://www.merriam-webster.com/dictionary/statement?show=0&t=1384852597
 http://www.lawyersnjurists.com/articles-reports-journals/law-and-ethics/evidentiary -
statement-accused-explain-2/
 http://www.shareyouressays.com/119416/evidentiary-value-of-the-statement-recorded-
by-the-police-in-the-course-of-investigation-section-162-of-crpc by ApilKhanal ;
Evidentiary value of statement recorded by the police in the course of investigation ;
 http://lawlex.org/lex-bulletin/evidentiary-value-of-confession/3545
 http://lawthing.blogspot.in/2013/04/first-information-report-and-its.html
 http://www.academia.edu/1034961/Dying_Declaration_-_Evidentiary_Value_The_Law

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 Criminology and Penology, Deluxe Edition 2008, Central Law Publication.
 http://cbi.nic.in/aboutus/manuals/Chapter_13.pdf

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