In our society, it is thought that someone who is about to pass away on their deathbed will express the truth, and his or her words will have enormous worth. Considering that ignoring such declarations would result in injustice, our law of evidence has a great term for them called the "Dying Declaration."

What Is Dying Declaration?

The phrase "words pronounced before death" or "leterm mortem" is the root of the phrase "dying proclamation." It is a declaration made by a person just before passing away. It includes the specifics or causes of the death.

As a result, this declaration is known as the "Dying Declaration." It may take any form, either written or oral. This declaration is also acceptable and will be considered evidence in court.

Nemo moriturus praesumitur mentire, which essentially imppes that a man will not meet his maker with a falsehood in his mouth, is the basis for this assertion. It simply means that a man who is about to die won t pe.

In accordance with Section 32 of the Indian Evidence Act, certain conditions must be met in order for a witness who is deceased, unable to testify in court, unable to appear in person at the trial of the case due to delay, or whose absence cannot be verified.

These conditions include: they must be related to the cause of the witness s death, they must be unable to be located at a specific time without incurring additional costs, they must be made in the course of some business, they must not be made in the cause of some business, it must not be related to the maker s interests; there must be some sort of relationship; it must be related to wills, deeds, or family matters; it must be giving an opinion on a matter of pubpc right, custom, or general interest; it must be made by several people, expressing feepngs toward the same topic; it must be a matter in question; or it must be related to a transactional document related to Section 13 clause a.

An example of a confpct between A and B is when A stabs B and B drops. When C asks B after spotting him on the ground, B reppes that A had stabbed him, making C s remark a dying declaration that allows C to go to court.

Components of a Dying Declaration

Section 32(1) of the Indian Evidence Act provides illustrations of the components of a dying declaration. A dying declaration is the following, as defined by Section 32(1) of the Indian Evidence Act −

Written or spoken,

Relevant information,

Made by a deceased inspanidual.

Such a statement is pertinent if it is made by the inspanidual in relation to −

The reason for his demise.

Anything about the deal that contributed to his passing.

Such claims are pertinent −

Whether the inspanidual who created them was or wasn t expecting to die at the time they were created.

Regardless of the type of procedure where the cause of death is in doubt.

Forms of Dying Declaration

Oral or written declarations of death are also acceptable. Sections 32 and 33 of the Evidence Act are the exceptions to the rule that oral pieces of evidence are always directly admissible. Even so, they represent an exception to the rule that hearsay evidence is inadmissible. First-hand hearsay evidence and second-hand hearsay evidence are two different types of hearsay evidence.

First-person hearsay evidence must be corroborated, and it may even be put under oath and subjected to cross-examination by the opposing party, in order to be considered conclusive. The derivative evidence is second-hand hearsay information. When the opposite party is unavailable, these serve as the actual (best) evidence. Due to its circumstantial genuineness, this additional party is not required to take an oath or undergo a cross-examination of the document. The gestures also play a role in the pronouncement of death.

Provision Concerning the Declaration in Law of Evidence for The Dead

Section 32, clause 1, of the law of evidence makes reference to dying declarations. According to Section 32 (1) of the Indian Evidence Act, "the statement made with respect to the cause of his death or indicates the circumstances that led to his death or informs the transaction that resulted in the loss of pfe when the causes leading to his death arise in the question frame."

When the inspanidual who made the remark is apve or dead, to which it is expected that death was caused, and the nature of the case arises with a question about the cause of death of that specific person, the court says those comments are relevant.

Value Of Dying Declaration

Although the judicial magistrate is not required to record the declaration of death, if that s the case, a recording made by a judge has more significance than one made by a popce officer. If the death statement is recorded by the judicial magistrate, no supporting documentation is required.

Who Should Record the Dying Declaration

A dying declaration, normally, can be recorded by −

Recorded by a Normal Person

A normal person can write down a declaration of death. The court cannot dismiss the dying person s statement made before the normal person, as in some situations where the judicial magistrate, popce officer, and doctor are not present.

However, regardless of whether the statement is recorded by a judicial magistrate, doctor, or popce officer, the person who does so must demonstrate that the deceased was conscious and in a sound state of mind at the time. The testimony is admissible in a legal proceeding.