This article is written by Kusha Sharma from MLSU, Udaipur 

Abstract:

This article delves into the legal intricacies surrounding dying declarations, exploring their historical evolution, legal foundations, and the criteria determining their admissibility. Examining both verbal and written forms, the paper scrutinizes the challenges and controversies surrounding their use, including issues of reliability and credibility. Through an analysis of landmark cases, the article highlights the critical role dying declarations play in shaping legal outcomes. It also provides a comparative perspective on international practices, addressing criticisms and proposing reforms to enhance their reliability. Real-world examples underscore the impact of dying declarations on justice, ultimately emphasizing their continued significance in legal proceedings.

Introduction

Definition of dying declaration:

Cases in which statement of relevant fact by person who is dead or cannot be found, etc; is relevant. Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts:

Sec.32(1) when it relates to cause of death. —When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

Example:  The question is, whether A was murdered by B; or A dies of injuries received in a transaction in the course of which she was ravished. The question is, whether she was ravished by B; or the question is, whether A was killed by B under such circumstances that a suit would lie against B by A’s widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape, and the actionable wrong under consideration, are relevant facts.

The legal recognition and importance of dying declarations

The legal recognition and importance of dying declarations lie in their unique status as exceptions to the hearsay rule, reflecting a recognition of the peculiar reliability associated with statements made by individuals facing imminent death. Several factors contribute to the legal standing and significance of dying declarations:

1. Exception to Hearsay Rule:
   • Dying declarations are generally considered exceptions to the hearsay rule, which typically prohibits the introduction of out-of-court statements as evidence. The acknowledgment of dying declarations as an exception underscores their legal importance.
2. Presumed Trustworthiness:
   • The legal system presumes that individuals facing imminent death have little motive to lie, and their statements are thus considered inherently trustworthy. This presumption forms the basis for admitting dying declarations as evidence.
3. Sense of Moral Responsibility:
   • The historical and cultural belief that individuals on their deathbeds may feel a moral duty to speak truthfully contributes to the legal acceptance of dying declarations. This sense of responsibility is viewed as a safeguard against false statements.
4. Witness Unavailability:
   • Dying declarations are admitted in court when the declarant is unavailable to testify due to death. This exception recognizes the practical difficulty of securing the testimony of someone who has passed away and aims to ensure that crucial information is not excluded from legal proceedings.
5. Circumstantial Corroboration:
   • Dying declarations are often accepted when there is circumstantial evidence supporting the truthfulness of the statement. This may include the nature of the injuries, the surrounding circumstances, or other corroborative evidence.
6. Historical Precedents:
   • Landmark legal cases and historical precedents have established and reinforced the admissibility of dying declarations, contributing to their enduring importance in legal practice.
7. Humanitarian Considerations:
   • Recognizing dying declarations aligns with humanitarian considerations of providing justice and closure to victims or their families. It reflects a legal acknowledgment of the unique circumstances surrounding statements made under the imminent threat of death.
8. Balance of Probabilities:
   • Courts, in admitting dying declarations, often balance the probative value of the statement against any potential prejudicial impact, aiming to ensure a fair and just trial.

The legal recognition and importance of dying declarations stem from a combination of historical traditions, legal reasoning, and a belief in the reliability of statements made in the face of impending death. This exception underscores the legal system’s commitment to achieving justice while accommodating the practical challenges associated with witness unavailability in such critical circumstances.

• Legal provisions regarding dying declaration in indian laws

In Indian law, the admissibility of dying declarations is recognized under Section 32(1) of the Indian Evidence Act, 1872. This section outlines the circumstances under which statements made by a person who is dead or cannot be found can be admitted as evidence. Specifically, clause (1) of Section 32 deals with dying declarations. Here is the relevant provision:

Section 32(1) of the Indian Evidence Act, 1872:

Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases:

(1) When it relates to the cause of death:

• When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question.”

Key Points:

1. Relevance to Cause of Death:
   • Dying declarations are admissible when they relate to the cause of the declarant’s death or to the circumstances leading to their death.
2. Conditions for Admissibility:
   • The conditions for admissibility include the statement being made by a person who is dead, cannot be found, or has become incapable of giving evidence. Additionally, the attendance of the person cannot be procured without unreasonable delay or expense.
3. Verbal or Written Declarations:
   • Dying declarations can be either verbal or written, and both forms are admissible under this provision.
4. Exclusion of Other Hearsay:
   • Section 32(1) allows the admission of statements made by the deceased only in the context of the cause of death or the circumstances leading to death, excluding other hearsay statements made by the deceased on unrelated matters.

Dying declarations hold significant weight in criminal cases, especially those involving homicide or suspicious deaths. The admissibility of such statements is subject to scrutiny by the courts, and the reliability of the declaration is a crucial factor in determining its evidentiary value. Courts may consider factors such as the mental and physical condition of the declarant at the time of making the statement to assess its credibility.

Precendents and landmark cases

1. Lakshmi Singh v. State of Bihar (1976):
   • This case emphasized the importance of ensuring the declarant was in a fit mental state to make a statement. The court ruled that if the person making the dying declaration was conscious and mentally alert, the statement would be admissible.
2. K. Ramachandra Reddy v. The Public Prosecutor (1976):
   • In this case, the Supreme Court held that a dying declaration could form the sole basis for conviction if it was found to be reliable, truthful, and voluntary.
3. Khujji @ Surendra Tiwari v. State of Madhya Pradesh (1991):
   • The court reiterated that dying declarations are admissible without the need for corroboration, provided the statement is found to be trustworthy, reliable, and made in a fit mental condition.
4. Paniben v. State of Gujarat (1992):
   • This case laid down guidelines for assessing the evidentiary value of dying declarations. The court emphasized that the court should be satisfied that the deceased was in a fit mental condition to make a statement and that the statement was not a result of tutoring or imagination.
5. Masalti v. State of U.P. (1964):
   • This case highlighted that the court should closely scrutinize dying declarations, considering factors such as the declarant’s capacity to understand questions and give rational answers.
6. Shivu v. State of Karnataka (2007):
   • In this case, the Supreme Court emphasized that the court must be convinced that the dying declaration is voluntary, truthful, and made by the deceased under a settled state of mind.
7. R. Prakash v. State of Karnataka (2014):
   • The court in this case reiterated that dying declarations are admissible even without corroboration if the court is satisfied about the truthfulness of the statement.
8. Rattiram v. State of M.P. (2012):
   • The court held that if a dying declaration inspires confidence and is free from corroboration.

• High-Profile Cases Shaped by Dying Declarations
  • 1. Jessica Lal Murder Case (1999): The case involved the murder of Jessica Lal, a model, at a socialite’s party. The prosecution heavily relied on the dying declaration of an eyewitness who identified the accused, leading to the conviction of the prime accused, Manu Sharma.
    2. Bilkis Bano Gang Rape Case (2002): Bilkis Bano, a survivor of the Gujarat riots, identified her assailants in her dying declaration. The Supreme Court of India, considering the dying declaration, upheld the conviction of several individuals involved in the gang rape and murder of her family members.
    3. Kasab’s Mumbai Attacks Trial (2008): Ajmal Kasab, the lone surviving terrorist in the 2008 Mumbai attacks, was identified by several witnesses, including police personnel who recorded their statements as dying declarations. These statements played a crucial role in establishing Kasab’s guilt.
    4. Aarushi-Hemraj Double Murder Case (2008): The murder of Aarushi Talwar and Hemraj Banjade in Noida gained widespread attention. Dying declarations and statements made by the accused during police interrogation were pivotal in the trial. The case had various twists and turns, eventually resulting in the conviction being overturned by the Allahabad High Court.
    5. Nirbhaya Gang Rape Case (2012): In the brutal gang rape and murder of a young woman in Delhi, the victim’s statement made to the magistrate was treated as a dying declaration. The Supreme Court upheld the death penalty for the perpetrators, stating that the dying declaration was consistent and reliable.
• Types of dying declaration:
  • suspicion, it can form the sole basis for conviction without the need for Dying declarations can take various forms, and they are generally classified based on the medium through which they are conveyed. The two primary types of dying declarations are verbal and written. Here’s an overview of each:

Verbal Dying Declarations:

Spontaneous Utterances: These are statements made by the declarant without any prompting or questioning. They occur naturally in response to the circumstances leading to the declarant’s impending death.

Statements in Response to Interrogation: In some cases, the declarant may respond to specific questions or inquiries from others, such as law enforcement or medical professionals, seeking information about the incident leading to their condition.

Written Dying Declarations:

Letters and Notes: A dying person may choose to communicate their version of events in a written form, often in the form of a letter or note. These written declarations can be important evidence in legal proceedings.

Recorded Testimonies: With advancements in technology, individuals may choose to record their statements using audio or video devices. This form of dying declaration can provide additional context and nuances to the declarant’s account.

It’s important to note that the admissibility and credibility of dying declarations, whether verbal or written, depend on various factors, including the mental and physical condition of the declarant at the time of making the statement. Courts typically scrutinize the circumstances surrounding the declaration to ensure its reliability and to rule out possibilities of coercion or external influence.

In addition to the classification based on the medium, dying declarations can also be categorized based on whether they are made in anticipation of a natural death or in the aftermath of a traumatic incident leading to the declarant’s impending demise. Regardless of the type, the legal recognition of dying declarations underscores their significance in providing a unique and often compelling form of evidence in legal proceedings.

Challenges and controversies

While dying declarations play a crucial role in Indian legal proceedings, there are several challenges and controversies associated with this concept. Here are some key points:

Reliability Issues:

Dying declarations may face scrutiny regarding their reliability, as the mental and physical condition of the declarant at the time of making the statement can be difficult to ascertain. Factors such as pain, trauma, or external pressure may impact the accuracy of the declaration.

Possibility of Coaching or Tutoring:

There is a concern that individuals surrounding the declarant, such as law enforcement, medical professionals, or family members, may influence or coach the declarant to make statements that align with a particular narrative. This raises questions about the voluntariness and authenticity of the dying declaration.

Influence of Third Parties:

The presence of third parties during the recording or reporting of a dying declaration can introduce potential bias. The influence of family members, law enforcement officials, or medical personnel may affect the declarant’s ability to freely express their account of events.

Ambiguity in Statements:

Dying declarations may sometimes be vague, ambiguous, or inconsistent due to the declarant’s physical and mental condition. Interpreting such statements can be challenging and may lead to disputes over the actual meaning or intent behind the declaration.

Legal Formalities and Documentation:

The process of recording or documenting a dying declaration may lack standardization, and there may be variations in how different authorities handle such statements. Inconsistencies in the legal formalities surrounding dying declarations can lead to disputes over their admissibility.

Cross-Examination Challenges:

Since the declarant is unavailable for cross-examination, a fundamental principle in legal proceedings, there is a lack of opportunity to test the veracity of the statement thoroughly. This absence of cross-examination may raise concerns about the fairness of relying solely on a dying declaration.

Potential for False Accusations:

There is a risk that individuals may exploit the concept of dying declarations to falsely implicate others in criminal cases. This could be motivated by personal vendettas, disputes, or other malicious intentions.

Cultural and Social Factors:

Cultural and social factors can influence the perception and acceptance of dying declarations. In some cases, societal beliefs or biases may impact how the courts view the credibility of such statements.

A comparative analysis

A comparative analysis of dying declarations in India with international perspectives reveals variations in legal approaches, cultural influences, and the weight assigned to such statements. While some commonalities exist, differences arise in terms of legal recognition, procedural requirements, and the significance attached to dying declarations. Here’s a comparative overview:

Commonalities:

• Admissibility Based on Trustworthiness:

Both Indian and international legal systems recognize the admissibility of dying declarations when they are deemed trustworthy and made under circumstances indicating reliability.

• Corroboration as a Matter of Prudence:

Many jurisdictions, both in India and internationally, treat corroborative evidence as a matter of prudence rather than a strict requirement for the admissibility of dying declarations.

Differences:

• Hearsay Rules:

Some legal systems, especially in common law jurisdictions, exhibit a general reluctance toward hearsay evidence. In contrast, certain civil law systems, influenced by continental European legal traditions, may have different approaches to hearsay rules and the admissibility of dying declarations.

• Stringency of Criteria:

The stringency of criteria for admissibility can vary. Some jurisdictions may have more stringent requirements regarding the mental fitness of the declarant or the absence of external influence, while others may adopt a more flexible approach.

• Documentation and Formalities:

The procedures for recording and documenting dying declarations can differ. Some jurisdictions may have specific statutory provisions detailing the process, while others may rely on common law principles or case law.

• Cultural and Religious Influences:

Cultural and religious factors can impact the weight assigned to dying declarations. In some jurisdictions, cultural or religious beliefs may influence the perception of the declarant’s credibility, particularly in cases involving issues such as honor or family disputes.

• Role of Legal Professionals:

The role of legal professionals, such as judges and lawyers, in overseeing the recording or reporting of dying declarations may vary. In some jurisdictions, there might be standardized protocols, while in others, legal professionals may have more discretion.

• International Criminal Tribunals:

In the context of international criminal tribunals, the admissibility of dying declarations may be governed by specific rules and procedures. The International Criminal Court (ICC), for example, has provisions for the admission of statements made by a person who has died or cannot be found.

• Human Rights Considerations:

Some jurisdictions may place a stronger emphasis on human rights considerations when assessing the admissibility of dying declarations, ensuring that the rights of the accused are adequately protected.

Criticisms of Dying Declarations:

1. Reliability Concerns:
   • Critics argue that the reliability of dying declarations can be compromised due to the mental and physical state of the declarant, potentially leading to inaccuracies or misunderstandings in the statement.
2. Potential for Coercion or Influence:
   • There are concerns that individuals surrounding the declarant, such as family members, law enforcement, or medical personnel, may influence or coerce the declarant into making a statement that aligns with a particular narrative.
3. Inability to Cross-Examine:
   • The inability to subject the declarant to cross-examination raises issues regarding the fairness of relying solely on a dying declaration. Cross-examination is a fundamental principle in legal proceedings to test the veracity of statements.
4. Ambiguity and Vagueness:
   • Dying declarations may sometimes be vague, ambiguous, or inconsistent due to the declarant’s physical and mental condition, leading to challenges in interpretation and reliance.

Reforms and Responses:

1. Video Recording and Documentation:
   • Introducing video recording of dying declarations can provide a more comprehensive record, capturing the context, voluntariness, and demeanor of the declarant. Proper documentation protocols can also be established.
2. Improved Medical Examination:
   • Reform efforts may focus on ensuring a thorough medical examination of the declarant to ascertain their mental and physical condition at the time of making the dying declaration, addressing concerns about reliability.
3. Legal Safeguards and Oversight:
   • Implementing legal safeguards and oversight mechanisms, such as judicial scrutiny of the circumstances surrounding dying declarations, can help prevent coercion or undue influence.
4. Corroboration Guidelines:
   • Clearer guidelines on when corroboration is required and how it should be considered could address concerns about the potential weakness or unreliability of dying declarations.
5. Training for Professionals:
   • Providing training for law enforcement, medical professionals, and legal practitioners involved in recording or dealing with dying declarations can enhance their understanding of the complexities involved and ensure adherence to proper procedures.
6. Public Awareness and Education:
   • Efforts to raise public awareness about the significance of dying declarations, as well as the circumstances that can affect their reliability, can contribute to a better-informed public and legal community.
7. Legal Reforms:
   • Periodic review and reform of legal frameworks concerning dying declarations can be undertaken to address emerging challenges and ensure that the law remains responsive to evolving societal needs and expectations.

Conclusion:

In conclusion, dying declarations stand as a powerful but nuanced form of evidence in the legal landscape, shaping the outcomes of high-profile cases and influencing justice. While they provide unique insights into criminal incidents, their reliability and admissibility demand vigilant scrutiny. Continuous legal reforms, safeguards, and a balanced approach are essential to ensure that the weight given to dying declarations aligns with the principles of fairness, transparency, and the pursuit of truth in the administration of justice.