Law of Evidence : Dying Declaration

ABSTRACT

Dying declaration is the statement that is made by a dying person regarding the circumstances which led to his demise. It is believed under the law that a dying person cannot lie, which puts up the question of how admissible the suicide note is when presented before the court, as such note is made by a dying person in his last moments. These statements have been considered essential under Section 32(1) of the Indian Evidence Act, 1872. This research article analyses the legal implications of dying declaration and suicide note as the evidentiary forms, scrutinizing their admissibility and probative value. Further discussing about the weightage that can be provided to a note that is written by the dead person himself before ending his life. Along with the reliability that can be put on such suicide note especially when there is lack of any corroborative evidence. Analyzing the similarity of suicide note and essential elements of dying declaration. This article aims to highlight and answer the question of the presumption of the truthfulness associated with such declaration made by a dying person. The consitions and circumstances under which the statement is made are examined, putting an emphasis that content or statement must be against the declarant’s interest and could be authenticated as genuine. In addition, the article explores the case studies and legal precedents to provide insights for the proper understanding and interpretation of Section 32 of the IEA, while examining the com plexities faced while dealing with such dying declaration and suicide notes in legal system.

RESEARCH QUESTIONS

• The specific criteria and conditions that are required to be considered for a statement to be a valid dying declaration under Section 32 of the IEA.
• The legal implications of dying declaration and suicide note as the evidentiary forms, scrutinizing their admissibility and probative value.
• Extent of presumption of truthfulness associated with dying declarations.
• Assessment of the credibility and reliability of dying declarations in courts if India, and the factors that result in their acceptance or rejection as evidence.
• Role played by corroborative evidence in determining the suicide note’s credibility.

RESEARCH OBJECTIVES

• To examine the admissibility of the legal framework of dying declaration and suicide note surrounding Section 32 of the Indian Evidence Act.
• To elucidate the required conditions for a statement to be considered a dying declaration under Section 32 and assessing how these criteria have been interpreted in legal precedents.
• To evaluate the role of the imminent death of the person giving dying declaration, while considering the admissibility and probative value of such statements and the presumption of the truthfulness of these declarations.
• To evaluate complexities involved in proving the admissibility of such forms of evidence, including reliability, authenticity of dying declaration and suicide note.

INTRODUCTION

Dying declaration is the statement that is made by the dying person in his last moments. It is admitted as an evidence in the court of law. This principle is based on the legal maxim ‘nemo moriturus praesumitur mentire’ which can be explained as a man will not meet meet his maker with a lie in his mouth. In simple words the law presumes that a dying person cannot lie in his last moments. It is held by the courts that the accused can be convicted on the basis of dying declaration and no corroboration is required, as corroboration is not the rule of evidence.since a person can be convicted solely on the basis of dying declaration, therefore it is essential for the court to scrutinize the situation and circumstances properly. Section 32 of the Indian Evidence Act ( IEA), 1872 deals with dying declaration and these declarations are only admissible when the person who made the statement dies and the question is regarding the cause of such death. In case the person who made the statement survives then it is not considered as dying declaration under Section 32 of IEA,1872. Hearsay evidence is generally excluded but dying declaration is an exception to this rule and burden of proof lies on the prosecution. In many instances the use of dying declaration can be considered as unfair, considering the fact that it is easy to fabricate the statement said by a dying person. Statement made in the written form i.e. suicide note, it will be dying declaration and it has its own complications. A written note by a dying person in the form of a suicide note gives a better view of the circumstances of the incidents but that declaration is from one person’s perspective and that person might have acted under a different mindset.

Usually various aspects of the Indian legislation are being adopted from the English law. In English law dying declaration is considered only in the cases of homicide and is not considered in other criminal and civil cases. However, under Indian law dying declaration if true and voluntary can even be considered in civil cases as well. For a statement to be admissible under Indian law, it is essential that there is element of expectation of death, This aspect is not that important in English law.

JUDICIAL PRONOUNCEMENTS

1. PAKALA ARAYA A SWAMI .v. EMPEROR

In general, the phrase “any of the circumstances of the transaction which resulted in his death” is more inclusive than “the cause of his death.”

The deceased left his residence in order to seek payment from Pakala Narayana Swamy in Behrampur. However, he was discovered dismembered and deceased inside a trunk.

CASE – The Privy Council deliberated on whether Section 32(1) of the Evidence Act applies to a statement made by the deceased to his wife.

According to the Privy Council, the deceased’s statement to his wife before departing for Behrampur was instrumental in his demise.

2. LAXMA v. STATE OF MAHARASHTRA

When evaluating a statement, the court usually takes into account the medical opinion of the individual making the declaration. In a specific case, however, the court made it plain that medical certification is not required for the court to approve a Dying Declaration.

3. Sharad Birdhi Chand Sarda vs State of Maharashtra

Regarding the interpretation and characteristics of a ‘death declaration,’ the court observed that there are significant disparities between Indian law and English law.   In contrast to Indian law, which does not include such provisions, the admissibility and relevance of a declaration under English law are restricted to the cause and circumstances of death.

4. State of Maharashtra vs. Anil

  The court expanded the definition of a dying declaration to include a suicide note written prior to the act of suicide. This expansion requires forensic testing to verify the letter’s authenticity and dependability.

5. Rachana Ravindra Jain v. State of Gujarat and others

The court determined that the deceased committed suicide due to severe psychological torment, and a written statement written by the deceased one week prior to the suicide implicated the defendant as the perpetrator.

CRITICAL ANALYSIS

Section 32 of the Indian Evidence Act (IEA) addresses the statement made by a dying person, especially if it was given prior to their death.  The law specifies the intent of the declaration, which must explain the cause, rationale, or pertinent details regarding the events that might have led to the death of that person. It has been held by the Supreme Court that information r statement pertaining  to or if any way related to the cause of death, submitted by a dead individual during his last moments, is regarded admissible as evidence in accordance with Section 32 (1) of the Indian Evidence Act, 1872.

For a statement to qualify as a dying declaration and to be considered admissible, it must be given by a person who is conscious and aware of their imminent death.  The law considers the statement to be reliable and credible based on the principle “nemo mariturus presumuntur mentri,” which states that individuals will not lie when confronting their final judgement.

 In India, the legal system recognises that a dying person may rarely provide any false statement, which is regarded as an exception to the hearsay rule.   The court has clarified that a dying declaration can be made orally or in writing, and in any language understood by the person making the declaration.

Acceptability of a dying declaration depends on numerous factors:

• Death must be imminent – For a statement to be considered a dying declaration, it must be made with the expectation that death must be imminent. This principle was demonstrated in the case v. Jenkins, in which the defendant was charged with murder and the victim was assaulted by the accused.   The court determined that the statement did not qualify as a dying declaration because it included the phrase “at present,” which implied that there was a chance of recovery.
• Use of gestures- The statement or declaration of the person can be a symbol. Within the scope of a dying declaration, the admissibility of signals and gestures as evidence in cases where a person is nearing death is considered. The probative value of signs and gestures depends on factors such as their pertinence, complexity, the varieties of signs used, and the individual who documents the statement.   In the Nirbhaya case, a three-judge panel determined that a dying declaration could be conveyed through non-verbal means, such as signs and gestures, so long as they accurately depict the victim’s final moments.

In accordance with section 32 of the Indian Evidence Act, the court is unable to accord comparable or equal weight to a statement made by a dying individual.

Suicide Note under Section 32(1) of Indian Evidence Act,1872 :

A dying declaration is a statement pertaining to the events and circumstances surrounding a person’s mortality that was issued by a person who subsequently passed away.   Relevance is restricted to the relationship between the cause or circumstances of death and the transaction at hand.  One may question whether a suicide note can be considered a valid dying declaration under Section 32 of the International Evidence Act.

A suicide note is a written communication that an individual leaves behind before to their act of self-harm or attempted suicide.   For a statement to qualify under subclause 1, it must have been made by a person who has since died.   The concept of “death” incorporates both homicides and suicides.   Therefore, a written statement left by a person prior to committing suicide must be evaluated in accordance with Section 32(1) of the Indian Evidence Act.

A suicide note must be directly related to the cause or circumstances of the incident that led to the person’s demise in order to be classified as a dying declaration. Under certain conditions, a person may be compelled to take their own life in order to alleviate the pain or shame inflicted by the offender.

Can solely suicide note be used as an evidence for conviction ?

Suicides occur in isolation only, that highlights the significance of a suicide note as a crucial piece of evidence.  However, it is essential to recognise the complexities involved, as a suicide note predominantly reflects the perspective of a single individual.   The burden of proof in the Indian criminal justice system is to establish culpability beyond a reasonable doubt. Consequently, it is pertinent to inquire whether a person can be convicted solely on the premise of a suicide note.

When no other evidence is available, the court must consider all of the claims made in the declaration regarding the events and circumstances surrounding the transaction that resulted in the death.   To ensure the victim receives an equitable administration of justice, the credibility of the declaration is also considered.   However, the dying declaration does not require any supporting evidence.

Depending on the specifics of each case, a defendant may be convicted solely on the premise of a dying declaration made by the deceased, taking into account all pertinent facts and circumstances.   The suicide note will only be taken into account if it has a direct connection and relationship to the actual event of the death and is linked to the actions that lead to the death of the person who wrote the dying declaration. As outlined in Section 306 of the Indian Penal Code, 1860, the court does not take a definitive stance on this issue and takes other factors into consideration when determining a person’s culpability, particularly in cases of assisting in suicide.

Involved in the conviction of an individual solely on the basis of a suicide note are the following:

Similar to a dying declaration, a suicide note cannot serve as the sole foundation for convicting an accused individual.   The authenticity of the note and the gravity of the circumstances that prompted the victim’s extreme action must be examined.   Several conditions must be met in order to satisfy the requirements of IEA Section 32.

1. Suicide as a last resort – If a suicide note is found among the deceased’s clothing, it is admissible as a dying declaration. To serve as the sole basis for a conviction, however, additional evidence or material must be available to adequately establish that the deceased had no other option but to commit suicide.
2. Nexus between the conduct of the Accused and the suicide – The court consistently attempts to establish a causal connection between the actions of the Accused and the suicide itself. The court would not accept hypersensitivity as a legitimate reason to convict solely on the basis of a suicide note. The court would not be persuaded if the suicide victim was unduly sensitive to everyday irritations. This theory is based on the belief that a person’s demise can be attributed to a weak disposition, but their choice cannot be held responsible.

SUGGESTIONS AND CONCLUSION

In the legal system, dying declarations are deemed evidence because they are made under extreme conditions, when the declarant is unable to take an oath. In this circumstance, the individual has no chance of survival and no reason to deceive; therefore, they are compelled to tell the truth. The law regards this circumstance as if the individual had taken an oath in court.

Consequently, a dying declaration under Section 32(1) of the Indian Evidence Act is a highly significant form of admissible evidence, as this statement alone can be the deciding factor in the accused’s conviction.   Section 32(1) of the IEA has a comprehensive interpretation and application. It includes the use of signals, gestures, and other factors related to the admissibility of dying declarations, such as an impending fear of death.   However, the court does not automatically approve all declarations. In fact, specific criteria must be met for dying declarations.   If the declaration satisfies all the statutory requirements, a conviction may be rendered solely on the basis of this declaration, without the need for any additional evidence.

Author: Tanya Khanijow, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing