Dying Declaration Notes 2022 – Dying Declaration is the very important concept under section 32 of the Indian Evidence Act, 1872. This concept is based on the rule of necessity because it is assumed that Truth always sit’s on the lips of the dying person. In section 32 (1) of the Evidence Act, the only statement that is given just before the death is called as dying declaration. Let’s understand the meaning of Section 32 by a diagram:
Dying Declaration Notes
DD is a statement made by person who is:
- DEAD, it covers both Homicide and Suicide cases.
- Homicide means killing on one person by another person.
- Suicide means killing of himself/ herself.
- Who can’t be found.
- Who is incapable of giving evidence.
- Whose attendance cannot be procured without delay.
- And that declaration contained cause of his own death.
This concept is also based on very important Maxim
“Nemo MoriturPresumptorMentri” means no one when about to die is presumed to lie.
Definition: Section: 32 Sub Clause (1) of Indian Evidence Act, 1872 says that the word “Dying Declaration” means a statement verbal or written of concerned facts made by a dead person before his/her death. It is a valid statement of person who had expired explaining the circumstances/ facts of his/ her death.
Dying Declaration Distinction between Indian & English law
- Under Indian Law it’s relevant in civil as well as in criminal cases also. Whereas in English law it is relevant only in criminal cases.
- Under Indian Law suicide and Homicide both covered but in English covers only homicide cases.
- In Indian law dying declaration made under expectation of death is not required but on the other hand in English law it must have been made under expectation of death.
- Under Indian law dying declaration is relevant if person fails to answer the last formal question and narrates the full story but in English law dying declaration should have completed.
Dying declaration also be given by gestures also. It is decided by one of the very important judgement named:
Dying Declaration Distinction – Cases
Shardha Birdi Chand Sharda versus State of Maharastra:
A married woman had been writing to her parents about her critical condition in the hands of her in-law. She lost her life after four months thus these letters were need be admissible as Dying Declaration.
Queen Empress versus Abdulla:
In this case the throat of the deceased girl was cut down, and she is being unable to speak indicated the name of the accused by the sign’s of her and this was held relevant as Dying Declaration.