OBJECTIVES OF STUDY:

• To understand the meaning and object of Dying Declaration.  
• Dying Declaration under Indian Evidence Act, 1872.
• Forms of dying declaration. 
• Conditions precedents for admissibility. 

MEANING :

A Dying Declaration is called as ”Leterm Mortem”. The word ”Leterm Mortem” means ”Words said before death”. It is based on the maxim “Nemo Moriturus Praesumitur Mentire” which means: A man will not meet his maker with a lie in his mouth. The Statements made by a person as to the cause of his death or as to circumstances of the transaction resulting in his death is called dying declaration. 

OBJECT: 

The main object behind Dying Declaration is, it is a presumption that, a dying man seldom lies.‟ Or „truth sits upon the lips of a dying man.‟ It is also said that ”A person who is about to die would not lie”. The victim is exclusive eye witness and hence such evidence should not be excluded.  A dying declaration is admissible in evidence even though it has not been made on oath and the person making it can-not be cross examined. 

DYING DECLARATION UNDER EVIDENCE ACT :

Section 32 deals with dying declaration. It says 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. 

In Ram Nath v. State of Madhya Pradesh Hon’ble Supreme Court 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. It is a statement written or oral of a person who is dead, with respect to the cause of his death or the circumstances resulting in his death. 

Who May Record Dying declaration? 

Keeping in mind the deteriorating condition of the declarant, it can be recorded by anybody 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. 

FORMS OF DYING DECLARATION :

A dying declaration may be in the form of narrations. It is preferred that it should be written in the vernacular which the patient understands and speaks. The most usual forms are:

 Question Answer Form

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, should be written.  

Gestures & Signs Form 

Where 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. 

In Queen-Empress v. Abdullah wherein it was held that Accused had cut the throat of the deceased girl and because of that, she was not able to speak. So she indicated the name of the accused by the signs of her hand. It was held by the full bench of Hon’ble Allahabad High Court that, “If the injured person is unable to speak, she can make dying declaration by signs and gestures in response to the question.” 

DOCTOR’S STATEMENT

In the case of a bride burning, the doctor to whom the deceased was taken for treatment deposed that soon after her admission, she said that her husband had poured kerosene on her clothes and set her ablaze. The doctor made a note of it in the case papers. The testimony of the doctor became supported by the contemporaneous record. The Court said that the doctor had no reason to falsely depose against the accused or prepare false case papers. 

CONDITION PRECEDENTS FOR ADMISSIBILITY:

• The declarant who gave dying declaration should die.
• The dying declaration must be complete.
• It must be voluntary and uninfluenced.
• The cause of death must be explained by the declarant or at least the circumstances which resulted in his death must be explained.
• The cause of death of declarant must be in question.

Dying Declaration and hearsay Principle 

As a general rule hearsay evidence is not admissible and authority must be found to justify its reception. The rule against the admission of hearsay is fundamental. It is not the best evidence and also is not delivered on oath. The truthfulness and the accuracy of the person whose words are spoken by another witness cannot be tested by cross examination and the light which his demeanor would throw on his testimony is lost

Incomplete Dying Declaration 

Where deceased fails to complete the main sentence (as for instance, the genesis or motive for the crime) a dying declaration would be unreliable. However, if the deceased has narrated a full but fails to answer the last formal question as to what more he wanted to say, the declaration can be relied upon.

CONCLUSION : 

The importance attached to dying declaration, the courts have evolved various principles to guide it, for example in cases like Nirbaya, Mathura, Hathura gang rape cases dying declaration is the weapon to punish the culprits. It is important that the dying declaration should be free from errors, manipulations and modifications. It should strike to be genuine, free from all doubts, stating the true story of the maker.  In case the court entertains any doubt with regard to the same, it is imperative for the court to look into corroborative evidences to test the truthfulness of the dying declaration. It is the duty of the court to consider dying declaration in  is correct perspective and satisfy itself of its truthfulness before it can proceed to accused an convict or a culprit an innocent.