A Dying declaration is a statement which is made by the person, who is unavailable to testify the statement in the court.
The statement must be of the person who is:
- Who cannot be found
- The person has become incapable of giving the evidence
- Whose attendance cannot be procured without the amount of delay
Who can record the dying declaration?
The dying declaration can be recorded by any person or by the police officer. If the dying declaration is recorded by the judicial magistrate, the declaration will have more reliability and strength.
Ram Singh vs. Delhi Administration
It was held by Delhi HC that the declaration which is clear and corroborated will be accepted in the court even if it was recorded by the police officer.
Admissibility of the dying declaration
The dying declaration is admissible when:
- Related to the cause of death
A statement made by the person is admissible when the statement is related to the cause of his death or which gives the shreds of evidence of the circumstances resulted in his death.
- Made in the course of business
- Against the interest of the maker
- Gives the opinion as to public right or matters of general interest
- Related to the existence of the relationship
- Or is made in will or deed relating to the family.
- The documents relating to the transaction mentioned in section 13, clause (a).
- Made by several persons and expresses feelings relevant to the matter in question.
The court held that the statement of deceased made to his wife by that he was going to the accused to collect the money from him which was taken by the accused from deceased is admissible under section 32(1).
In this case, the injured person lodge the FIR against the person who hit him and after lodging, the FIR died. The court took the FIR as a dying declaration of that person against the accused.
Ulka Ram v. the State of Rajasthan
The Court held in this case that when a statement is made by a person which is the cause of the death and where the cause of his death comes in question is admissible under the evidence act, such statement in law is called a dying declaration.
Queen-Empress v. Abdullah
In this case, the accused cut the throat of the deceased girl. The girl was not able to speak so she signs her hand to indicate the accused. It was held by the Allahabad HC that if the injured person who is not able to speak, make the declaration by signs and gestures in response to the question, it will be considered as a dying declaration.
In another case, the Supreme Court observed that the value of signs and gestures would depend upon as to what type of signs and gestures were made and what types of questions were asked.
The court said in the case that the [dying declaration] is undoubtedly admissible under section 32 and not being a statement on oath. So, the truth could be tested by the cross-examination of another person who confirms it.