whether a person,after being
hit on the right frontal head just below the right ear,can make a statement that such person has committed the offence and dies afterwords.
sanjay upadhayay
advocate
| Originally posted by : Sanjay Upadhayay | ||
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whether a person,after being hit on the right frontal head just below the right ear,can make a statement that such person has committed the offence and dies afterwords. sanjay upadhayay advocate |  |
Word “Dying Declaration” means a statement written or verbal of relevant facts made by a person, who is dead. It is the statement of a person who had died explaining the circumstances of his death. This is based on the maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with lie on his mouth. Our Indian law recognizes this fact that ‘a dying man seldom lies.’ Or ‘truth sits upon the lips of a dying man.’ It is an exception to the principle of excluding hearsay evidence rule. Here the person (victim) is the only eye-witness to the crime, and exclusion of his statement would tend to defeat the end of justice. Section 32 of Indian Evidence act deals with the cases related to that person who is dead or who cannot be found.
Section 32: Cases in which statements of relevant fact by person who is dead or cannot be found.—statement, written or verbal, or relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expanse which, under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:
(1) When it relates to cause of death.
(2) Or is made in course of business.
(3) Or against interest of maker.
(4) Or gives opinion as to public right or custom or matters.
(5) Or relates to existence of relationship.
(6) Or is made in will or deed relating to family.
(7) Or in document relating to transaction mentioned in section 13, clause (a).
(8) Or is made by several persons and expresses feelings relevant to matter in question.
But here, we are studying about ‘dying declaration’ which deals with the cases relate to cause of death. It is mentioned in sub-section (1) of section 32 of Indian Evidence act.
Section 32 (1) When it relates to cause of death.—When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question.
Such statements are relevant whether the person who made them was or was not, at the time when they were made, under exception of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.
