12/3/23, 7:29 PM Evidentiary Value of a Dying Declaration

Evidentiary Value of a Dying Declaration

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A dying declaration is a statement made by a person while they are dying, explaining the
reason for their death. This statement can be either indirect or direct, revealing the cause
of their death. Therefore, the only statement given shortly before a person’s death is
called a dying declaration.

If a person is mentally sound and aware that they are about to die, they can make a
declaration stating the cause of their death. This statement will be accepted as evidence
in a court of law. The declaration can be made orally, in writing, or through actions. The
term “dying declaration” is self-explanatory, as it describes the statement given by
someone who is dying.

Definition of Dying Declaration

According to Section 32 (1) of the Indian Evidence Act, when a person makes a
statement regarding the cause of their death or any circumstances related to the incident
that led to their death, it is considered relevant in cases where the cause of their death is
questioned. These statements remain relevant even if the person who made them is no
longer alive at the time of their statement and regardless of the nature of the legal
proceeding.

The statements made by the deceased person are treated as evidence and can be
presented in a court of law. This is supported by the Latin maxim “Nemo Mariturus
Presumuntur Mentri,” which means that a person who is about to die is presumed to
speak the truth. In other words, a dying person is believed to not lie, and truth is expected
from them. Therefore, a dying declaration is admissible as evidence in court and can be
used to bring the culprit to justice.

Types of Dying Declaration

There is no specific format required for a dying declaration. It can be given orally, in
writing, through gestures or signs, by a thumb impression, or even in the form of a
question and answer. However, the statement must clearly and assertively convey the
person’s intention.

Ideally, a written declaration should be recorded using the exact words stated by the
person making the statement. In cases where a magistrate records the dying declaration,
it is usually done in a question-and-answer format. This allows the magistrate to gather
maximum relevant information accurately. In some instances, the dying declaration
becomes crucial evidence to secure the conviction of the accused.

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12/3/23, 7:29 PM Evidentiary Value of a Dying Declaration

Evidentiary Value of Dying Declaration in India

A dying declaration carries significant weight in legal proceedings and can serve as the
sole basis for a conviction without the need for additional corroborating evidence. It is
considered a piece of evidence and can be relied upon if found to be genuine and
reliable. However, the court must be satisfied that the dying declaration instils complete
confidence in its accuracy.

The court must ensure that the statement of the deceased was not influenced, coached,
or a result of imagination. It must also ascertain that the deceased was of sound mind
and had a clear opportunity to observe and identify the assailants. Once the court is
convinced that the statement is truthful and voluntary, it can base a conviction solely on
the dying declaration without requiring further corroboration. Hence, this adds up an
evidentiary value of a dying declaration.

Cases on Evidentiary Value of a Dying Declaration

The evidentiary value of a dying declaration depends on the nature of the case and its
specific facts. In the case of Sham Shankar Kankaria v. State of Maharashtra, the
Supreme Court recognized a person’s solemn and serene nature on their deathbed,
considering it a sufficient reason in the law to accept the truthfulness of their declaration.
Therefore, the usual requirements of oath and cross-examination are not necessary.
Excluding a dying declaration from evidence could lead to a miscarriage of justice as the
victim is often the only eyewitness in serious crimes, leaving the court without any other
evidence.

In the case of Munnu Raja v. State of MP, a First Information Report (FIR) recorded by
the police was considered a dying declaration. However, in the case of State of Punjab
v. Kikar Singh, it was held that an FIR could not be treated as a dying declaration when
the victim remained in the hospital for a considerable time (8 days). In the case of State
v. Maregowda, it was established that a suicide note found in the deceased’s clothes
could be considered a dying declaration and is admissible as evidence.

Can the Identification through Dying Declaration be

Considered and Made Relevant?
One of the fundamental principles of the law of evidence is that facts should be proven
through direct evidence. According to Section 60 of the Evidence Act, oral evidence must
always be direct, and hearsay evidence is considered unreliable and, therefore,
inadmissible.

However, an exception is made for a dying declaration, which is a statement made by a

person just before their death, explaining the circumstances of their death. This exception
is based on the principle of “nemo mariturus presumuntur mentri,” which means that a

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12/3/23, 7:29 PM Evidentiary Value of a Dying Declaration

person about to die is presumed to speak the truth. Courts consider identification through
a dying declaration as relevant and significant in ensuring justice is served. Hence, the
dying declaration holds evidentiary value.

This principle is specifically mentioned in Section 32 of the Indian Evidence Act.

According to this section, statements made by a person regarding the cause of their
death or any circumstances related to the incident that led to their death are considered
relevant and admissible as evidence. In fact, a dying declaration can form the sole basis
for conviction in certain cases.

On the other hand, the courts need to ensure that the record of the dying declaration is
accurate and faithful. Therefore, it is recommended that the dying declaration be recorded
in a specific manner as prescribed. If the person making the declaration passes away, it
should be presented during the inquiry or trial.

Evidentiary Value of Dying Declaration with Incomplete

Statements
For a dying declaration to be admissible as evidence under Section 32(1) of the Evidence
Act, it should be materially and substantially complete. However, the Supreme Court has
clarified through various judgments that even an incomplete declaration can be
considered admissible in certain cases.

In the case of Cyril Waugh v. The King, the court ruled that a dying declaration was
inadmissible because it appeared to be incomplete, and it was unclear what the
deceased intended to add to it.

However, in the case of Abdul Sattar v. State of Mysore, the court held that despite
being incomplete, a dying declaration could be made admissible under Section 32(1) if it
clearly indicated the guilt of the accused.

Moreover, it has been established that a dying declaration does not need to be
exhaustive and include every detail of the incident. Its admissibility cannot be disregarded
solely based on the omission of a particular circumstance related to the transaction.

Evidentiary Value of Dying Declaration If Declarant

Survives
There is a question about what happens to the evidentiary value of dying declaration
when a statement is recorded as a dying declaration, but the person making the
statement does not actually die.

A statement is considered a dying declaration only when the person making the
statement passes away. If the person making the statement does not die, then they can
be treated as a regular witness in court against the accused. The concept of a dying

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12/3/23, 7:29 PM Evidentiary Value of a Dying Declaration

declaration is based on the assumption that the declarant is near death and will not lie
just before dying. However, if the declarant survives, their statement cannot be
considered a dying declaration and cannot be admitted as evidence.

In the case of Ramprasad vs. the State of Maharashtra, the Supreme Court observed
that the declarant should have expected to die for a statement to be considered a dying
declaration. If a person making a dying declaration survives, their statement cannot be
used under Section 32 of the Indian Evidence Act. Instead, it may be treated as a
statement under Section 164 of the Criminal Procedure Code (CrPC).

It is important to note that Section 32 does not specify a specific timeframe between the
declaration and the death of the declarant.

Evidentiary Value of Dying Declaration Together with

Exceptions Thereof
The Supreme Court has established several principles regarding the evidentiary value of
a dying declaration, as seen in cases like Khushal Rao v. State of Bombay, Kusa v.
State of Orissa, and K.R. Reddy v. Public Prosecutor. These principles for the
evidentiary value of a dying declaration are as follows:

A dying declaration can serve as the sole basis for conviction. A genuine and
voluntary declaration does not require corroboration, as the imminent threat of
death provides inherent assurance of its truthfulness.
A dying declaration is not inherently weaker evidence compared to other types of
evidence.
Each case should be evaluated based on its unique circumstances, taking into
account the context in which the dying declaration was made.
A dying declaration carries the same weight as any other piece of evidence and
should be assessed in light of the surrounding circumstances, following the
principles governing the evaluation of evidence.
Ideally, a competent magistrate should record a dying declaration using a question-
and-answer format, using the actual words spoken by the declarant whenever
possible.
To assess the reliability of a dying declaration, the court must consider factors such
as the declarant’s opportunity to observe and perceive events.
The court must ensure that there was no coaching or manipulation involved, that the
deceased was of sound mind, and that the statement was not a product of
imagination.

When a Dying Declaration is Not Admissible?

These factors need to be considered when evaluating the evidentiary value of dying
declaration in court.

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12/3/23, 7:29 PM Evidentiary Value of a Dying Declaration

If the deceased made a statement before their death about something other than
the cause of their death, it may not be considered a dying declaration.
If there are doubts about the decision, inconsistencies, substantial incompleteness,
proof of falsehood, or signs of coercion influencing the statement, its reliability may
be questioned.
The credibility of the declarant as a competent witness is essential. For example, in
the case of Amar Singh v. State of Madhya Pradesh, it was determined that
without evidence of mental or physical fitness, the dying declaration could not be
considered reliable.
If the statement made by the deceased does not pertain to their own death but to
the death of another person, it is not relevant as a dying declaration.

Evidentiary Value of Dying Declaration Based on

Suspicion
The evidentiary value of a dying declaration can be called into question when suspicious
circumstances cast doubt on its genuineness. If the prosecution’s case relies solely on a
dying declaration that is surrounded by such suspicious circumstances, it may not be
sufficient to sustain a conviction.

For example, suppose a dying declaration recorded by a magistrate lacks the deceased’s
signature and does not mention the date and time of its recording. In that case, it may be
deemed inadmissible unless the prosecution provides a valid explanation for these
omissions.

In the case of Natha Shankar Mahajan v. State of Maharashtra in 2011, the Bombay
High Court held that if there are any suspicions surrounding a dying declaration, the
benefit of doubt should be given to the accused. Therefore, a dying declaration should not
be relied upon if clear suspicious circumstances surround it.

Evidentiary Value of A Medical Officers’ Opinion and

About The Fit and Conscious State of The Deceased,
Effects of Being Medicated, Delusional, Etc.
A dying declaration recorded by a medical officer holds admissibility and evidentiary
value, as doctors are considered independent individuals whose testimony is generally
credible and trustworthy. When the doctor assesses that the patient’s life is rapidly
deteriorating and there is no time to involve the police or a magistrate, it is justifiable and
their duty to record the dying declaration. Doctors possess professional integrity and
serve as impartial experts, making their recorded statements deserving of respect.

When recording a victim’s statement, it is crucial to consider their health condition. As the
case may be, it is of utmost importance for the magistrate or doctor to be aware of the
potential effects of administered drugs, which could lead to inaccurate statements. The

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magistrate or doctor must ensure that the victim is conscious of their surroundings and
mentally sound to provide a dying declaration.

Additionally, a judicial magistrate must obtain a certificate from the examining doctors
confirming that the victim was in a fit condition and that their statement is true.

Conclusion
A dying declaration is an important piece of evidence in legal proceedings. It is a
statement made by a person who is on the verge of death, explaining the circumstances
of their death. The evidentiary value of a dying declaration is significant, and it can even
be the sole basis for a conviction without the need for additional corroboration.

There are certain principles associated with dying declarations. The statement should be
voluntary and true, as the imminent approach to death ensures the credibility of the
declaration. It is considered on par with other types of evidence and should be evaluated
based on the surrounding circumstances and the weight of the evidence.

When recording a dying declaration, a competent magistrate or a medical officer should

document it. The declaration should be materially complete and faithful to the words of
the declarant. Ensuring that the declarant was of sound mind and not influenced by
coercion or imagination is important.

The evidentiary value of a dying declaration is significant as it can be the sole basis for
conviction without corroboration. It is considered credible due to the belief that a person
will not lie before their imminent death. However, doubts or suspicious circumstances
may affect its reliability.

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