Dying declaration

• A special CBI court on July 16 convicted two policemen and awarded them life sentences for the custodial death of a murder accused.
• The accused was burnt alive inside a police station in Karnal.
• The judgment relied heavily on the ‘dying declaration’ made by the victim prior to his death.

Dying Declaration

• The term is nowhere precisely defined in the Indian Evidence Act, 1872.
• It refers to a declaration made by a person by way of signs, verbal communications, conduct, or writing soon before his death or while he is on his death bed.
• Section 32 of the Indian Evidence Act, 1872 deals with cases in which statement of relevant fact is made by a person who is dead or cannot be found.
• The general rule under Section 60 of the Act is that all oral evidence must be direct — he heard it, saw it or perceived it.
• The grounds of admission under a dying declaration have been based on two broad rules —

1. The victim being generally the only principal eye-witness to the crime;
2. The sense of impending death, which creates a sanction equal to the obligation of an oath.

• A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that they are about to die do not lie.

Reasons for which court can set aside such a declaration:

• Though a dying declaration is entitled to great weight, it is important to note that the accused has no power of cross-examination.
• This is the reason the courts have always insisted that the dying declaration be of such a nature as to inspire full confidence of the court in its correctness.
• The courts remains on guard to check if the statement of the deceased was a result of either tutoring, or prompting or a product of imagination.
• The court in such cases must be further satisfied that the deceased was in a fit state of mind after a clear opportunity to observe and identify the assailant.

Who can record dying declarations?

• Anyone can record the dying declaration of the deceased as per law.
• The law does not compulsorily require the presence of a Judicial or Executive Magistrate to record a dying declaration.
• The only requirement for such a declaration to be held perfectly accountable in court is for the victim to volunteer the statement and be of conscious mind.
• The person who records the dying declaration must be satisfied that the victim is in a fit state of mind.