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What is “Dying Declaration”? Whether the dying declaration by itself can be the basis for conviction? Give an example with case law. [MPCJ 2011]

Judicial Services Main Written Examination

Q. What is “Dying Declaration”? Whether the dying declaration by itself can be the basis for conviction? Give an example with case law. [MPCJ 2011]

Ans. Section 32(1) of the Evidence Act contains provision for the relevancy of what is called dying declaration under English Law on the basis of doctrine of necessity and convenience. Unlike English law, it need not to be necessarily made when declarant was under expectation of death. Under Indian law, if death of the declarant is proved due to injuries received from the accused then following statement assumes the character of dying declaration wherever the cause of the death of such person comes into question-

Evidentiary value of the dying declaration:- Section 32(1) of the Evidence Act furnishes relevancy to dying declaration. Admissibility of such relevant statement is the first step and once it is admitted then the court has to consider how far it is reliable. Unlike English Law, in the Indian legal system the evidentiary value of the dying declaration is not always founded on the Latin maxim Nemo Moriturus Praesumitur mentire (a man will not meet his maker with a lie in his mouth) but when such circumstances are absent then obviously it reduces the weight of evidence.

Undoubtedly, there are certain circumstances/weak point which act against the evidentiary value of the dying declaration. Like, it is hearsay evidence and neither given on oath nor its maker available far cross examination. But, it is taken care of by the fact that dying declaration is made by the person on the death bed and such solemn position operates equal to the obligation of oath and also in substitute of the cross-examination.

On the point of corroboration, the Hon,ble Apex Court in its Locus classicus judgment Kushal Rao Vs State of Maharashtra AIR 1958 SC 22 overruled its own judgment in Ram Nath Madho Prashad v State of M.P, AIR 1953 SC 420 which necessarily required corroboration of the dying declaration to be made ground of the conviction and laid down following guiding principal to appreciate the evidentiary value of the dying declaration.

Thus, if the court is satisfied that the dying declaration is true and voluntary then it being a substantive evidence can be the sole basis of conviction without any corroboration.

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