dying decleration

1. Dying Declaration:
What Is Dying Declaration:
 Dying declaration is defined as the written or verbal statement made by a
person – likely to die because of some unnatural act done on his body
narrating the circumstances responsible for his present state of health or the
cause and manner of unlikely death.
 It is an evidence under Section 32 of the IEA,1872.

2. Value Of Dying Declaration:
 A dying declaration is considered a vital piece of evidence to nail a murder
accused. Great solemnity and sanctity is attached to the words of a dying man
because on the verge of death, he is not likely to tell a lie or to concort a case
so as to implicate an innocent person.
 A dying declaration if found reliable by a jury, may by itself, sustain a
conviction.
Who Can Record A Dying Declaration:
 Ideally Dying Declaration is to be recorded by Executive or Honorary
magistrate but if the magistrate is not availableor there is not enough time for
him, it can be recorded by the treating doctor, a police officer or even a village
head.
 If in case it is not in a hospital dying declaration can be recorded by any person
present near to the patient.
 It should be recorded in the presence of at least two witnesses. In case of
dowry death, it is essential that Dying Declaration should be recorded by the
magistrate only.
Whether Doctor Is Duty-Bound To Record A Dying Declaration:
 The Doctor is the person to opine about the fitness of the deceased to make
the statement. Where the life is ebbing fast in the patient and that there is no
time to call the magistrate or the police, the doctor is indeed duty-bound to
record the dying declaration of the deceased.
 However the doctor is expected to record a certificate that the declarant was
conscious, in a fit mental condition and in his senses before recording the dying
declaration.
 The trial judge is unjustified in rejecting the evidence of the Medical Officer.

3. Role Of Doctors If Other Person Is Recording The Dying Declaration:
 The doctor should ascertain whether there is any hope of recovery of the
patient; if not, he will have to assume that the statement should be taken
before the patient dies.
 The doctor must prove the fit state of mind of the deceased before the
declaration is recorded.
 The doctor should also certify that the mental condition of the patient is sound
( Compos Mentis ) so much so that, he is fully able to understand the
implication and meaning of what he says or writes.
 Medical attention is required during the whole of recording of the declaration.
 If the patient dies during recording, then doctor should examine and certify
the patient to be dead and then the incomplete dying declaration is to be
signed by all the concerned.
How To Record A Dying Declaration:
 The proper method for recording a dying declaration by a person, be he a
Magistrate, a Doctor, or a Police Officer is that - The declarant is in his senses.
 If the declarant is not in his senses, the person recording the dying declaration
should not proceed further beyond making a note that the declarant , in his
opinion, was not in his senses.
 If the person recording the dying declaration is satisfied that the injured person
is in his senses, the second thing to be done is to ascertain whether the injured
is in a position to speak coherently.
 If he is satisfied, he may proceed to put any general question or questions to
elicit from the injured person as to what happened to him.

4.  It is always proper that the questions put by the person recording the dying
declaration should also be recorded so that the Court may judge the nature of
the questions put.
 The recording should be done in the presence of two independent witnesses
unconnected with the case, at the earliest opportunity, preferably in question
and answer form, questions also being recorded, recording the same words
and in languages spoken by the declarant , with date, time and venue of
recording. So far as possible the putting of leading questions should be
avoided.
 The person may record what is said to him by the injured. If during the course
of recording of the statement, it becomes necessary to put any question in
order to elucidate what is stated by the declarant , it may be permissible to do
so.
 But such questions must be recorded. If the injured person is in a position to
append his signature or to put his thumb signature on such a statement,
signature or thumb impression should be obtained.
 If the injured is in his senses, but not in a position to speak by mouth in a
coherent way, he may put short questions and answers given by gestures may
be noted.
 The contents of the dying declaration are read over to the patients and it is
certified that the contents are read over to the patient and he agrees with
them.
 The date, time and place of recording is noted, the declaration is signed by the
doctor, the patient and the two witnesses and the report is sent to the
magistrate in a sealed cover.
 If the hands of the victim are badly burnt and neither his signature nor thumb
impression could be obtained, this fact should be mentioned by the person
recording the statement.

5.  Sudden Death before taking thumb impression: The fact that on account of
sudden death, the declarant’s thumb impression was taken after his death
would not make the declaration inadmissible.
Object Of Recording A Dying Declaration And Its Competence:
 The object of recording a dying declaration is to get from the person making
the statement the cause of his death or the circumstances of the transactions
which resulted in his death.
 The competence of a dying declaration as an evidence in the court is
unquestionable. It is sufficient to form a basis for conviction.
Form Of A Dying Declaration:
 A dying declaration should preferably recordedin question and answer form,
the questions are also to be recorded, recording the same words and in
languages spoken by the declarant .
 The date, time and place of recording should also be recorded.
 If during the course of recording of the statement of the injured, it becomes
necessary to put any question in order to elucidate what is stated by the
declarant , it may be permissible to do so. But such questions must be
recorded.
 If the person cannot write as in cases of burns, his oral statements are
recorded.
 If the patient can neither write nor speak, the recorder may put short questions
and answers given by gestures may be noted.

6. Whether History Recorded By The Doctor At The Time Of Treatment Can
Be Taken As A Dying Declaration Or Not :
 Ideally history recorded by the doctor at the time of treatment should not be
taken as a dying declaration, as the patient may give a false history in the
beginning and it is assumed that only when a person is about to die he’ll tell
truth only.
 However if the patient suddenly dies during or after taking the history, even
though the death was not anticipated, and if there is no other evidence other
than this, then in such cases the history may serve as a dying declaration.

7. Exceptions of Dying Declaration

8. The exceptions of ‘Dying declaration’ stipulate that where the statements made by
dying persons are not admissible:
1. If the cause of death of the deceased is not in question: If the deceased made
statement before his death anything except the cause of his death, that declaration is
not admissible in evidence.
2. If the declarer is not a competent witness: declarer must be competent witness
3. Inconsistent declaration: Inconsistent dying declaration is no evidentiary value.
4. Doubtful features:
5. Uninfluenced declaration: it must be noted that dying declaration should not be
under influence of any one.
6. Untrue declaration: it is perfectly permissible to reject a part of dying declaration if it
is found to be untrue & if it can be separated.
7. Incomplete declaration: dying declaration must be complete.
8. if the statement relates to the death of another person: If the statement made by
the deceased does not relate to his death, but to the death of another person, it is not
relevant.
9. Contradictory statements: if a declarant made more than one dying declarations &
all are contradictory, then those all declarations lose their value.
Conclusion
“Dying Declaration” is a legal concept refers to that statement which is made by a
dying person, explaining the circumstances of his death.
Dying declaration is admissible on the sole ground that it was made in extremis. And
in India, its admissibility is explained in Sec-32(11) of Indian Evidence Act. It is cleared
by the above mentioned statements given by different courts that dying declaration

9. can be in any form but it must be recorded carefully & duly proved, which the courts
make admissible as the “DYING DECLARATION”.