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What Is Dying Declaration?

What Is Dying Declaration?

19-Sep-2024

High Court

Answer By law4u team

A dying declaration refers to a statement made by a person who is on their deathbed or in the belief of imminent death, detailing the cause or circumstances leading to their death. Under Section 32(1) of the Indian Evidence Act, this declaration becomes an exception to the general rule of hearsay, meaning it can be admitted as evidence in court even if the person who made the statement is not alive to testify. Key points about dying declarations: Admissibility: A dying declaration is admissible in both civil and criminal cases, but it is more commonly used in criminal cases, especially in cases like murder or attempt to murder. Belief of death: The person making the statement must believe that they are going to die soon, though the actual death may not occur immediately. Form: A dying declaration can be oral, written, or even in the form of gestures (such as a nod or eye movement) if the victim is unable to speak. Credibility: While courts usually treat dying declarations with importance, they must ensure that the statement is voluntary, true, and reliable. If there are doubts about its authenticity, the court may seek corroborative evidence. For example: If a person who has been attacked and believes they are about to die gives a statement identifying their attacker, this statement can be used as evidence in court under the principle of a dying declaration.

Answer By Ayantika Mondal

Dear Client, A statement made by a dying person or while explaining the circumstances of their death while they are on their deathbed is called dying declaration. This type of declaration is allowed as evidence in the court, even if the person has died and can be accepted and considered during the trail. Section 32(1) of the Indian Evidence Act, (old law) and according to Section 26 (a) of the (BSA) Bhartiya Sakshya Adhiniyam 2023 a dying declaration should be treated as an exception to the rule of hearsay. Which means even if the person is dead their statement or declaration can still be used in court during trail as evidence. Dying declarations can be accepted in both civil and criminal cases, but they are mostly used in criminal cases, especially in serious offenses like murder. It’s vital to note that the person making the declaration must truly believe they are about to die while they are making or delivering such statement. Court considers dying declarations seriously for evidence purpose, but before accepting them to be true, it must be satisfied to Court’s knowledge that the statement was made free from any force and without any kind of pressure, and is authentic, true, and reliable. I hope this answer helps.

Answer By Anik

Dear Client, A statement made by a person on their deathbed or who is about to die, and explaining the causes or circumstances leading to the death of that person will be called as dying declaration, which basically means a declaration made by an individual while he or she on their deathbed. Section 32(1) of the Indian Evidence Act, (old law) and Section 26(a) of the (BSA) Bhartiya Sakshya Adhiniyam 2023(new law) talks about the dying declaration, and such declaration becomes an exception to the general rule of Hearsay, and this means the statement or dying declaration can be admitted as evidence in court even if the person is dead and no more. A dying declaration is admissible in both civil and criminal trails, but it is widely used in criminal cases mostly heinous crimes like murder. And it is important to note that the person who delivered the dying declaration must believe that they are going to die soon. Court usually value dying declaration and respect it by giving it importance but court must satisfy with the fact that the dying declaration was made voluntary, and without force and it is authentic, genuine, true and very much reliable. I hope this answer helps.