Dying Declaration

Dying declaration is admitted in evidence. The principle on which it is admitted as evidence is indicated in the legal maxim ‘nemomoriturus prae-sumitur mentire’ which means a man will not meet his maker with a lie in his mouth.

This is exactly the reason as to why courts have held that an accused can be convicted solely on the basis of ‘Dying Declaration.’ In fact, no corroboration is required since corroboration is only a rule of prudence and not a rule of evidence.

Section 32 of CPC | Dying Declaration

Section 32 of the Indian Evidence Act, 1872, deals with dying declaration and it s extracted below:

“32. Cases in which statement of relevant facts by the person who is dead or cannot be found etc. is relevant:-

Statements, written or verbal, of 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 expense which, under the circumstances of the case, appears to the court unreasonable, are themselves relevant facts in the following cases:

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(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.

Dying declaration will be admissible in evidence only when the person making the statement dies and the cause of the person’s death comes into question. If the person who has made a dying declaration survives, such a statement will not come within the purview of Section 32(1) of the Evidence Act.

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