Dying Declaration and Section 32 Indian Evidence Act
1. What is a Dying Declaration?
A Dying Declaration (DD) is a statement made by a person who believes that they are about to die, regarding the cause or circumstances of their impending death.
It is considered an exception to the hearsay rule in evidence law.
Since the person making the declaration is on the verge of death, it is assumed they are unlikely to lie.
This makes a dying declaration a very strong piece of evidence in criminal trials, especially in murder or homicide cases.
2. Section 32 of the Indian Evidence Act, 1872
Section 32 deals with “Cases in which statements of relevant facts by person who is dead or cannot be found, etc., are relevant” and contains the legal basis for admitting dying declarations.
The exact wording (simplified):
The following are relevant facts even if they are hearsay:
Statements made by a person concerning the cause of their death, or circumstances of the transaction which resulted in their death, if the statement was made by a person as to whom the cause of death comes into question.
Statements made by a person under the belief of impending death.
Statements made about intent, motive, or other facts by a person who is now dead, or cannot be found.
Key points from Section 32:
The statement must relate to the cause of death or circumstances of the transaction causing death.
The statement must be made before death.
The person making the statement must believe death is imminent.
It applies to both civil and criminal cases, but is more prominent in criminal law.
3. Importance of Dying Declaration
Dying declarations are considered reliable because the person knows they will soon die and therefore unlikely to lie.
It can be oral or written.
It can be made to police officers, doctors, relatives, or anyone.
No specific formalities are required, but the courts look for voluntariness and credibility.
4. Case Laws on Dying Declaration and Section 32
1. Queen-Empress v. Brahmdeo Ram Narain (AIR 1897 PC 47)
The Privy Council held that dying declarations are admissible under the Indian Evidence Act as an exception to hearsay.
The declaration must be relevant and made by a person believing death is imminent.
2. Kishan Singh v. State of Punjab (AIR 1954 SC 300)
The Supreme Court emphasized that the court must examine if the dying declaration was voluntary and truthful.
The medical evidence confirming the victim’s ability to make the statement was also crucial.
3. Poonam v. State of Haryana (AIR 2010 SC 2313)
Supreme Court held that the dying declaration should be free from any tutoring or influence.
Even if minor discrepancies exist, the court may still rely on the declaration if overall it is credible.
4. Bachan Singh v. State of Punjab (AIR 1980 SC 898)
The court ruled that the dying declaration does not require corroboration.
However, corroborative evidence, if present, strengthens the prosecution’s case.
5. Procedure for Admissibility
The court examines the circumstances of the declaration:
Was the declarant conscious and capable of understanding the nature of the statement?
Was the declaration voluntary and not induced by threat or promise?
Was the declarant under the belief of impending death?
The court looks at the medical evidence and circumstances to determine if the statement can be accepted.
6. Differences Between Dying Declaration and Other Statements Under Section 32
| Aspect | Dying Declaration | Other Statements under Section 32 |
|---|---|---|
| Purpose | Relates to cause of impending death | Statements relevant to other facts like intent, motive |
| Declarant’s status | Declarant is dead or believes death is imminent | Declarant is dead, cannot be found, or is unfit to testify |
| Application | Mainly in murder or homicide cases | Broader application including civil cases |
Summary
| Topic | Explanation |
|---|---|
| Dying Declaration | Statement by a person who believes they are about to die, regarding cause/circumstances of death. Exception to hearsay. |
| Section 32 | Legal provision that allows statements made by dead or unavailable persons to be admissible in evidence, including dying declarations. |
| Key Requirements | Statement relates to cause of death; declarant believes death is imminent; statement made before death. |
| Importance | Strong evidence in criminal trials, especially murder. |
| Case Law | Queen-Empress v. Brahmdeo, Kishan Singh, Poonam v. Haryana, Bachan Singh |
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