Abstract

Dying declaration is defined under Section 32 of the Indian Evidence Act, 1872. It is made by a person who has dead, who is not in the world, who is not able to provide evidence and whose presence cannot be acquired without an amount of delay under which the facts appears unreasonable to the court. A statement made by a person stating the reasons of his death or as to any transactional situations that caused led to his death, are applicable facts will be admissible as evidence. These statements are known as dying declaration. Dying declaration is based on the maxim “Nemo moriturns proesumitur mentiri”. This indicates that no man is going to meet his maker with a lie in his mouth. The dying declaration is an essential evidence and can be the only ground of judgement. The admissibility of dying declaration is in accordance with the facts and circumstances of each case. If the court determines that it is accurate and voluntary, additional evidence is not needed. Both written and oral dying declarations are admissible. It is permissible to use any kind of communication, including gestures, signs, nods and even looks. A declaration should be recorded in the victim’s language. It enhances the authenticity and credibility of the declaration. If discrepancies are found between more than one dying declaration in a case involving multiple of them, the court must determine whether or not these discrepancies are important. The declaration must be recorded in a language that the victim can easily understand. As per section 32(1) of the Indian Evidence Act, 1872, there is no specific person to whom dying declaration should be made. It can be made to anyone, a friend, relative or stranger. But a dying declaration made to a magistrate will have higher evidentiary value as compared to a dying declaration made to a stranger. The statement must be given voluntarily without any undue influence in order to be admissible in court of law. A dying declaration will be examined based on the surrounding facts and circumstances.

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