What is a Dying Declaration?

About Dying Declaration:

• A Dying Declaration is a statement made by a person who is dead. It is dealt with under clause (1) of Section 32 of the Indian Evidence Act 1872. 
• Generally, it relates to the cause of death of the declarant. It is admissible as evidence in all proceedings, civil or criminal.
• The reason behind this can be followed by the Latin maxim ‘Nemo Mariturus Presumuntur Mentri’ which means that “Man Will Not Meet His Maker with Lying on His Mouth. 
• Format:
  • There is no specific format required for a dying declaration. It can be given orally, in writing, through gestures or signs, by a thumb impression, or even in the form of a question and answer.
  • However, the statement must clearly and assertively convey the person’s intention. Ideally, a written declaration should be recorded using the exact words stated by the person making the statement. 
  • In cases where a magistrate records the dying declaration, it is usually done in a question-and-answer format. This allows the magistrate to gather maximum relevant information accurately. 
• Who can record a Dying Declaration?
  • The best form of declaration of dying would be the one recorded by the Magistrate.
  • However, according to the Supreme Court’s guidelines, anyone can record the dying statement.
  • A dying statement can also be recorded by public servants or by a doctor as well, where the victim is hospitalized.
• Evidentiary Value:
  • A dying declaration carries significant weight in legal proceedings and can serve as the sole basis for a conviction without the need for additional corroborating evidence. 
  • However, the court must ensure that the statement of the deceased was not influenced, coached, or a result of imagination. 
  • It must also ascertain that the deceased was of sound mind and had a clear opportunity to observe and identify the assailants. 
• If the person making the dying statement is likely to live, his statement is inadmissible as a dying statement.