04

Dying declarations are the statements made by a dying person as to the injuries which have
brought him or her to that condition, or the circumstances under which those injuries came to be
inflicted.1
When a person is not proved to have died as a result of the injuries received in the incident his
statement cannot be said to be a statement as to the cause of his death or as to any of the
circumstances of the transaction which resulted in his death.2 Another category of statement
envisaged under this section is statement as to any of the circumstances which resulted his death
which in itself is capable of expanding the width and contour of admissibility. 3 When the word
'circumstances' is linked to the “transaction which resulted in his death” the sub section casts the
net in a very wide dimension. Anything which had a nexus with his death, proximate or distant,
direct or indirect, can also fall within the purview of the sub section. As the possibility of getting
the maker of the statement has been closed once for all, the endeavour should be how to include
the statement of a person who is no more within the sweep of the sub section and not how to
exclude it there from.4
Words dying declarationmeans a statement written or verbal of relevant facts made by a person
who is dead. Generally, it relates to the cause of death of declarant. Dying declarationcan be
proved by the person who records it. A dying Declaration is not complete unless full names and
addressed of the person involved are given in it.Dying declaration has been defined in Section 32
of Indian Evidence Act, 1872. It is dealt under clause (1) of section 32 of the Indian Evidence
Act 1872. It defines dying declaration as under:5
32. Statements, written or verbal of relevant facts made by a persons 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 following cases-
(1) When it relates to cause of death- when the statement is made by a person as to 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.
1
M.C Sarkar and P.C. Sarkar, Law of Evidence Vol.-1 724 (Wadhwa, Nagpur, 2008).
2
Moti Singh v. State of U.P, AIR 1964 SC 900.
3
M. Monir, Law of Evidence Vol.1 765 (Universal, Delhi, 15th edn.).
4
Id. at 765.
5
Section 32, Indian Evidence Act, 1872.
Such statements are relevant whether the person who made them was or was not, at
the time when they were made, under the expectation of death and whatever may be
the nature of the proceeding in which the cause of his death comes in to question.
…
Dying declarations are the statements made by a dying person as to the injuries which have
brought him or her to that condition, or the circumstances under which those injuries came to be
inflicted.6
When a person is not proved to have died as a result of the injuries received in the incident his
statement cannot be said to be a statement as to the cause of his death or as to any of the
circumstances of the transaction which resulted in his death.7 Another category of statement
envisaged under this section is statement as to any of the circumstances which resulted his death
which in itself is capable of expanding the width and contour of admissibility. 8 When the word
'circumstances' is linked to the “transaction which resulted in his death” the sub section casts the
net in a very wide dimension. Anything which had a nexus with his death, proximate or distant,
direct or indirect, can also fall within the purview of the sub section. As the possibility of getting
the maker of the statement has been closed once for all, the endeavour should be how to include
the statement of a person who is no more within the sweep of the sub section and not how to
exclude it there from.9
6
M.C Sarkar and P.C. Sarkar, Law of Evidence Vol.-1 724 (Wadhwa, Nagpur, 2008).
7
Moti Singh v. State of U.P, AIR 1964 SC 900.
8
M. Monir, Law of Evidence Vol.1 765 (Universal, Delhi, 15th edn.).
9
Id. at 765.

04

Uploaded by

Copyright:

Available Formats

04

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

04

Uploaded by

Copyright:

Available Formats

Dying declarations are the statements made by a dying person as to the injuries which have

You might also like