Section 32 (1) of Indian Evidence Act is an exception to theory except for the hearing. The underlying principle of the concept of death declaration is that the first information on a particular issue in any form of disability or death of a person, can not be seen in the court, hence his knowledge / information is given by a person The person should be passed by the court to be forwarded. This section plays an important role when a person with special knowledge is proved dead or can not be found, or for any reason, his presence can not be obtained in court. However, the court will have to prove to the court that the person can not be present for evidence. Apart from this, the Supreme Court of India has ruled that the person who is responsible for the death of the victim, who is responsible for his death, can not be the basis of conviction if he is strongly persecuted.
The statement made can be related to verbally for the circumstances of the transaction, causing the person to die; This kind of announcement should be made before the death of “declaration of death”. This kind of declaration plays a role when the person making the announcement is waiting for death, regardless of the nature of the proceedings, the cause of death is involved. If the declaration is left out of the declaration, it is unacceptable in the declaration of death, but the declaration under Section 157 of the Indian Evidence Act can be used to terminate or end the paradox of that person’s credit by which it is generated.
In the case of Uka Ram Vs. The Rajasthan state, the Supreme Court ruled that “If a person is given a statement due to his death or circumstances of the transaction, which leads him to death, if the cause of his death will come into question in the form of evidence, So this statement will be called “statement of death”.
Pertinence of dying declaration in the Court
The concept of death declares Maxim is based on “Nemo MorturePraesumnturMentiri”, which means No one at the point of death is presumed to lie. The need to rely on mortality reporting is that
- A) is the sole witness for the victim crime,
- B) the statement of the person who has died is nothing but truthful.
These are two theories on which the perception of death is likely to be announced.
Declaration of death can be considered only when he
(A) is registered with a competent judge (with a definite exception),
(B) the declaration should be registered in the exact conditions,
(C) there can be no area of influence as a third party, and therefore, the statement should be given immediately after the incident due to death,
(D) there should be no ambiguity in the form of identity of the culprit or the cause of death.
It is very important to note that such a statement can not be made in anybody’s influence or can be given through sponsorship or teaching. If such a doubt exists, then there is a need for proof of death like this which should be confirmed.
Kaushal Rao Vs. State of Bombay
In this case, the Supreme Court said that it was not the full rule of law that other evidence should be confirmed by the death declaration. A death statement, even if it is not confirmed, can be the only aspect of conviction. But each case should be determined on the basis of facts and circumstances in which death has been announced. Decision can not be taken on any statement on any basis and general suggestions, environmental conditions and other evidence should also be taken into account.
In order to qualify as a declaration of death, the following conditions must be fulfilled:
- The applicant making the announcement should be dead, otherwise the statement can not be taken into account, as the name itself suggests “Declaration of Death”.
- The statement provided should be related to the cause of death. Any statement related to the death of the applicant will be considered acceptable.
- Due to the cause of death should be questioned – it is a necessary condition that the person who is going to die, his death should be questioned.
- The injury causes the applicant’s death due to the applicant’s injuries, otherwise this statement can not be taken into account.
What happens if the dying declaration is incomplete?
In the case of incomplete death,in which the person dies before entering the declaration, this declaration can not be taken into account, and therefore, in the eyes of the law, it is unacceptable. If, however, the person has given incomplete statement, but the cause of death has been announced and it is known who is the accused / culprit. In this case, the question of incomplete explanation will be out of question; Otherwise the only purpose of declaration of death will be in vain.
Even if the plaintiff can not answer some questions and thinks that the relevant death which is the cause of his death is relevant, he is allowed to appear in court. In Abdul Sattar, the Mysore state ruled that the death penalty was not completed, but to the extent that the accused had shot dead on the dead, he was sure to rely on this statement.
Forms/ types of dying declaration
There are no specific guidelines or parameters to define the eligibility of death announcement. It can be verbal or written. It can be written partially orally or partly, sometimes it can be recorded if the reporter uses gestures or signals to give a statement of death, it can be in the form of questions and answers. Even if death is declared in the local language and it is registered / translated into English, it is acceptable in the court. The oral statement should be done with caution. The Supreme Court has decided that the death statement should be investigated to allow its “microscopic eye” with its permission. Normally time limits are not considered. There are cases in which death announcement is considered acceptable before 4 months of death
In State of Punjab Vs.Ranjit Singh the deceased wrote a letter to his brother that his relationship with his wife was not cordial and he died with his wife. These letters were written by the deceased five years ago from the incident, which were to be proved. The court found that the letters were acceptable as death declarations because they talked about the circumstances which led to their death.
The only goal is that the goals of justice are not defeated. When the victim dies or is already dead or there is no other eyewitness, or even if there is anyone who does not appear after the death of the victim, in this situation, the announcement of victim very much plays an important role. Due to acceptance of the statement, the death of the applicant and the estimate is that the person will tell the truth before he dies. The Supreme Court ruled that only the conviction of death declaration is valid.
Dying declaration has to be made in a fit state of mind
State of Tamil Nadu Vs. KaruppasamyIn this case, the High Court announced that it would be inappropriate to deny death announcement on the basis of not being fit, but not on the basis of the certificate of the doctor and the municipality council
The court should be satisfied that in the event of giving a statement after the deceased, the deceased had a clear opportunity to inspect and identify his attackers, and he made statements without any pressure or misfortune. It is quite acceptable to reject the part of the declaration of death if it is proved wrong and can be isolated.
Once the court is satisfied that the statement of death is true and voluntary, and can be sufficient to gain firm conviction without any confirmation.
To whom the dying declaration must be given?
(A) The best form of declaration of mortality rate will be recorded by the magistrate.
(B) However, under the rules of the Supreme Court, any death certificate can be registered. A judge jury, BS Chauhan and Deepak Mishra summarized”The law on this subject is saying that law does not provide for those who can declare a death for the same matter nor submit a set size, form or method. ”
(C) The death declaration can also be recorded by the authorities or by a physician, the victim has been admitted to the hospital and suffered severe burns or injury and wants to make a statement, 100% burner can give a statement, and the doctor’s certificate is not necessary for the death declaration.
(D) It can also be done with the parent or family member and it plays a qualifying role in the eyes of the law.
(E) The courts discourage registration of death statements, but if there is someone who can register them, this is also written by the police death declarations kept in mind by the police.
(F) The statements are not listed by the judge, so it is better in this case that the signature of the witnesses is taken that the death declaration is present at the time of registration. It is important that the declaration should be in healthy condition when giving a statement.
Courts have different opinions that the announcement of death should be considered completely or partially acceptable. According to experts of this topic, it was concluded that the victim’s statement should be understood in some parts also.
In light of the above discussions and opinions of various courts and experts, it has been concluded that whenever a death statement is given, it should be taken only after careful consideration, the court combines it as evidence. In cases where there is more than one death declaration and there are contradictions between statements, it is not unreasonable to blame a person of such unsatisfactory statement made by the accused during the death.
Eesh Chaudhary, Amity Law School, Noida.