Essentials of a Dying Declaration
A dying declaration is a statement made by a person who believes they are about to die, concerning the cause or circumstances of what they believe to be their impending death. Under the law, particularly in common law and many statutory systems, such a statement can be admissible as an exception to the hearsay rule.
1. Imminent Expectation of Death
The person making the statement must believe that death is imminent and that there is no hope of recovery.
This belief must be genuine and can be inferred from the circumstances (e.g., severity of injuries) or explicit statements made by the declarant.
2. Declarant Must Be Competent
The declarant (person making the statement) must be mentally competent at the time of making the statement.
They must be capable of understanding the nature and implications of what they are saying.
3. Statement Must Relate to Cause or Circumstances of Death
The content of the declaration must deal directly with the cause or circumstances of the declarant's impending death (e.g., who attacked them, what happened).
General statements not related to the cause of death are not admissible under this rule.
4. Death Must Occur
In most jurisdictions, the declarant must actually die for the statement to be treated as a dying declaration.
If the person survives, the statement may not be admitted under this exception, though it could potentially be used under other rules of evidence.
5. Admissible in Homicide Cases
Dying declarations are typically admissible only in criminal cases for homicide or civil cases involving the cause of death.
In many legal systems, it is limited specifically to prosecutions for murder or manslaughter.
6. Voluntariness
The declaration must be made voluntarily, without coercion, prompting, or undue influence.
7. Usually Hearsay Exception
Normally, such statements would be inadmissible hearsay, but the law makes a special exception for dying declarations due to the belief that a person on the brink of death is unlikely to lie.
Legal Reference (India Specific – Section 32(1) of the Indian Evidence Act, 1872):
In Indian law, dying declarations are covered under Section 32(1) of the Indian Evidence Act.
Unlike common law, death need not be immediate, and the declaration can be in writing or oral, or even through gestures (like nodding), if properly interpreted.
Do write to us if you need any further assistance.
RELATED Blog
0 comments