Beruflich Dokumente
Kultur Dokumente
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) Sense of Impending Death...pg.12
b) Scope of Application...pg.13
c) Evidentiary Valuepg.14
d) Competency Of The Declarant....pg.14
RELEVANCE OF DYING DECLARATION
a) Basis of Dying Declaration : How Problematic?................pg.16
b) Evidentiary Value to be Attached to A Dying Declaration.pg.18
c) Procedures and Precautions....pg.21
JUDICIAL GUIDELINES ON DYING DECLARTIONpg.28
CONCLUSION.pg.30
BIBLIOGRAPHY.pg.31
INTRODUCTION
3.Id.
4.Sudipto Sarkar& V. R. Manohar, Sarkar on Evidence, 15th edn., vol. l.Wadhwa and Co.,
Nagpur, 1999, p. 633.
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
AND
EVIDENTIARY
VALUE
OF
DYING
CONDITIONS
FOR
EVIDENTIARY VALUE
ADMISSIBILITY
declaration,
should
have died.
2. Admissibility
of
dying
declaration is explained in
in
exact
words
3. If a competent Magistrate
circumstances
the
of
the
person
who
the
circumstances
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.
5. In case more than one dying
declarations,
all
declarations
must
such
be
identical.
6. In
must be explained.
state in mind.
cause
declarant
8. The
to
be
dying
declaration.
7. In some cases, F.I.R was also
of
death
of
considered
must
be
in
declaration.
question.
as
8. Inconsistent
dying
dying
declaration is no evidentiary
of Punjab10)
9. The
dying
declaration
be
taken
into
declaration,
Court
further
corroboration.
based
on
it
seeks
without
11(52Cr.L.J883)
Corroboration
declaration
to
not
dying
necessary.
exception
to
evidence
because
put
is duly witnessed.
becomes invalid.
this
thumb
that
if
hearsay
declaration
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.].
16. Declarant suddenly dying
and his thumb impression
taken after his death held
dying declaration admissible
in evidence. (AIR 1962 SC
1252)
12 AIR1981SC1578.
13 CriLJ19881313
19.
22.(1954) 21 EACA 331, c.f., Nambhard v.The Queen, (1982) 1 All ER 183 PC.
23.M. Monir, Law of Evidence 7th ed. Universal Law Publishing Co. Allahabad, 2006, p.123.
24.S. 118 of the Indian Evidence Act reads that "All persons shall be competent to testify
unless the Court considers that they are prevented from understanding the questions put to
them, or from giving rational answers to those questions, by tender years, extreme old age,
disease whether of body or mind, or any other cause of the same kind."
26.http ://www.lawcom.gov.uk/74.htm.
28.M.G. Amin, "Assumptions behind sanctity of dying declarations", (1995) 7 NLSJ, p. 88.
29.R. v. Lawson (Raymond), (1998) CriJ L.R. 883 (CA (Crim Div)), c.f.
www.westlawinternational.com
30.Supra, note 2.
31.Supra, note 2.
33.I 25.Kishan Lai v. State of Rajasthan, 1999 CriLJ4070 (SC). 26. Supra, note 18, p. 413.
35.Ram NathMadho Prasad v. State of M.P., AIR 1953 SC 420. (Even in this case the above
observation of the Court came in light of the fact that the deceased was shot at during a
cloudy, dark night thereby making it highly impossible for him to recognize the person.
Since, there was a possibility of the dying declaration not containing the truthful account of
what happened, the Court insisted on the corroboration of the dying declaration.)
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.
(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.
PROJECT REPORT OF FORENSIC SCIENCEPage 24
39
Supra, note 2.
40
43
.AtulGandhia v. State of Assam, 1990 Cri. L. J. 1049 (Gau), Babura v. State of Rajasthan,
1993 Cr. L. J. 2696 (Raj)
44
.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.
Similarly, there is no hard and fast rule that a doctor's certificate as to the mental
fitness of the deceased is prerequisite for the admissibility of a dying declaration in
evidence. A constitutional bench of the Supreme Court in the case of Laxman v.
State of Maharashtra47 while rejecting the contention of the appellant, that since
the certification of the doctor was not to the effect that the patient was in a fit state
of mind to make the statement, the dying declaration could not form the sole basis
45
46
(2002) 8 SCC 33
48
49
50
CONCLUSION :A dying declaration is indeed an important piece of evidence. So much so that conviction can be based solely on the basis of a dying declaration. An analysis of both
English and Indian position makes it very clear that dying declarations continue to
enjoy sacrosanct status in evidence. The question that needs to be answered is: how
relevant dying declarations are in today's context and how much reliance can be
placed on it? The basis for the sacrosanct status of dying declarations continues to
be the good old belief 1 that a man will not meet his maker with a lie on his lips.
This belief presupposes that people are religious and they will not lie on their
deathbed. But, this does not seem to; happen in real life where feelings of hatred,
revenge and many times love take precedence over the urge to speak the truth. This
ironically belies the very principle underlying the admittance of dying declarations,
i.e. a man will not meet his maker with a lie on his lips. The general principle on
which this species evidence is admitted is that they are declarations made in
extremity, when the person is at point of death and when every hope of this world
is gone. At that point of time every motive to falsehood is silenced and the mind is
induced by the most powerful consideration to speak the truth. Such a Solemn
situation is considered by the law as creating an obligation equal to which is
imposed by a positive oath administered in a court of justice. The dying
declarations are weak kind of evidence even though they are based on the principle
that a person would not die with a lie in his mouth.The law related to dying
PROJECT REPORT OF FORENSIC SCIENCEPage 35
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