Dying declarations are statements made under the presumption of death or just before dying. In India, they are extremely important as the presumption itself is enough for the declaration to be taken into account and not just the actual death. Sometimes there are complications regarding it. Dying declarations are very often paired with dowry deaths and suicides.The principle of dying declarations under Section 32 (1) of the Indian Evidence Act is based on the legal maxim ‘Nemo moriturus proesumitur menti’—a man will not meet his maker with a lie in his mouth.
Lord Chief Justice Baron Eyre, expressed his view relating to such statements as follows: It is not possible to lay down any hard and fast rule when a dying declaration should be accepted, beyond saying that each case must be decided in the light of its own facts and surrounding circumstances, but if the court after taking everything into consideration, is convinced that the statement is true, it is its duty to convict, notwithstanding that there is no corroboration.
Where a doubt arises in the mind of the court with respect to the contents of a dying declaration, especially where there is evidence of a motive to falsely implicate, it would be unsafe to return a finding of guilt on the basis of such declarations. In such cases, it would be the duty of the court to look to some corroborative evidence and if none is found, give the benefit of doubt to the accused. A mechanical approach in relying on a dying declaration just because it is there, is extremely dangerous.
It can be oral or in writing or any adequate method of communication whether by words or by signs. There is no requirement that such a declaration must necessarily be made to a magistrate. The court has to examine it scrupulously with a microscopic eye to find out whether it is voluntary, truthful, made in a conscious state of mind and without being influenced by the relatives present or by the investigating agency.
As held in Laxman v/s State of Maharashtra by the Supreme Court, it is not the plurality of the declarations that adds weight to the prosecution case, but their qualitative worth. It should be of such a nature as to inspire full confidence of the court. If the court is satisfied that it is not reliable, then the need to seek corroboration may arise.
The Indian Evidence Act of 1872 brought some organisation in the criminal system existing at that time. Section 32 of the Act talks about dying declarations. This section is a powerful tool as it brings attention directly to the victim’s testimony before his/her death. Although there is always a fear of authentication of such declarations, keeping in mind the larger picture and the society, it has been proven to be beneficial.
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