What is a Dying Declaration?
Dying statement is considered to be important evidence in any crime case, especially when a person has died an unnatural death.This idea is contained in section 32(1) of the Indian Evidence Act, 1872, Which accepts the statement of a person who says something about the causes of his death or wounds. Its basis is that at the time of death a person has no reason to lie because in front of death the person's conscience is clean.
Legal provisions related to deathbed statement
According to Section 32(1) of the Indian Evidence Act, a dying declaration is admissible in court, If that statement relates to the cause of death of that person or to his injuries.
This section is normally indirect There is an exception to the rule against the admissibility of evidence.When a person cannot be testified at the time of death, his last words are given importance as evidence.
admissibility of dying declaration.
The statement should relate to the cause of death of the deceased.
- The deceased should be in a fit state of mind while giving the statement.
- This statement can be oral or written.
- It is not necessary that the dying declaration should be recorded only by a Magistrate; if a Magistrate is not available, So the police officer can also record it.
- However, the statement recorded by the magistrate is considered more credible.
Judicial Interpretation.
The Supreme Court has given detailed guidelines in several judgements on the admissibility and credibility of dying declaration.
Important cases like
P.V. Radhakrishnan vs State of Karnataka
and
Sham Shankar Kankaria vs State of Maharashtra
Has clarified the legal position of deathbed statement.
Case of Jayamma v. State of Karnataka (2021)
In the Jayamma case, the Supreme Court reaffirmed many principles related to dying declaration.
The main question in this case was whether the statement given by the deceased was sufficient to convict the accused.
The statement was recorded by the police officer in the presence of a doctor, but the son and daughter-in-law of the deceased rejected the statement and called it a case of suicide.
The trial court acquitted the accused, holding that the dying declaration was unreliable, Especially because of the extensive burn injuries of the deceased and contradictory statements of witnesses. However, the High Court reversed the trial court's decision and convicted the accused on the basis of dying declaration. After this the accused knocked the doors of the Supreme Court.
The Supreme Court made detailed observations about the reliability and admissibility of dying declaration in Jayamma's case:
support of deathbed statement.
Percentage of lesions and mental status
- Fit State of Mind:
- Motives and witness statements.
The case of Jayamma v State of Karnataka elaborates on the complexities involved in dying declaration.
This makes it clear that without evaluating the mental condition of the person making the statement and the surrounding circumstances, such statements cannot be considered as the basis for conviction.
Though dying declaration can be a powerful evidence, the court must be cautious in accepting it, Ensuring that the statement does not contain any contradictions and is given under circumstances that guarantee its reliability.
This decision of the Supreme Court reaffirmed that dying declaration has important value as evidence, But it must be seen in the proper context along with other evidence, Especially when questions are raised about its authenticity.
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