DYING DECLARATION BY KODALI NEEHARIKA@LEXCLIQ

                                        DYING DECLARATION

INTRODUCTION :    When a crime is committed there will be two persons involved and the whole story will only be known to the accused, or to the victim. Yet, there is a condition when the assertion made by the individual to be treated as evident proof regardless of the way that he offered the expression in his owns approval and barely any uncertainty behind the justification that assertion. That condition is Dying declaration.

It  is an assertion made by the individual while he was biting the dust and expresses the justification his demise. The assertion given by the perishing individual can be conditional or tells the reason for his demise. Thus, the lone assertion given not long before the demise of an individual is called Dying declaration.

PROCEDURE FOR RECORDING DYING DECLARATION :

Any individual can record the dying declaration made by the expired, however the individual who is recording the dying declaration should have some nexus with the perished either interestingly or by some reality. Nonetheless, the specialist or cop hold more worth when contrasted with the typical individual. Taking everything into account the justice depended to record the perishing announcement, as the assertion recorded by him is viewed as more evidential as opposed to the proclamation recorded by the specialist, police and by the typical individual.

The High Court has discovered this to be the case-in-law, essentially in situations where the individual bites the dust of copy wounds. Court holds the assessment that “The law on the issue can be summed up such that law doesn’t provide any guidance that who can record a perishing assertion however recently given that officer is over all the individual in a subject for recording the assertion, nor is there any unmistakable structure, organization, or strategy for the equivalent,” said a seat of Judges B S Chauhan and Dipak Misra while suppressing the high court request on account of endowment passing vindication case.

In Mahabir Singh v. State of Haryana the Court held that, Where the Magistrate did not clear the rule that the statement made by the accused should not be amount to confession, if he does so then it will be used as evidence against him, can not be considered. The Magistrate must satisfy himself that the statement made by the accused voluntary, no pressure or force was used on the accused while making the confession. Any mark of the person of the accused to vitiate the voluntary character of the confession. When was held not only inadmissible under the section but it could not be used under the other provision of Indian Evidence Act such as sections 21 & 29

As far as the language is concerned, the declaration should be recorded by an executive magistrate in a language different from that in which it was spoken, the court said that it could not be discarded for that reason alone.

In a situation where a person dies after, when a F.I.R was lodged and stating that his life was in danger, it is relevant to be recorded as circumstantial dying declaration.

In the case of Munnu Raja and another v. State of M.P the Supreme Court Of India observed that statement made by injured person recorded as FIR can be deemed as dying declaration and such declaration is admissible under Section 32 of Indian Evidence Act. It was also observed by the court that dying declaration must not shows the whole incident or narrate the case history. Corroboration is not necessary in this situation, Dying declaration can be declared as the exclusive evidence for the purpose of conviction.

CONCLUSION : The dying declaration is not specifically mentioned in our penal law under Section 32(1) of IPC. it is the statement made by the person who is going to die, and that statement will be considered as evidence in court, how his death caused and who is the mugger. There are many conditions that relied upon the dying declaration that it should be in an adequate manner as dying declaration is the weapon who convicted the accused and stood as strong evidence. The admissibility of dying declaration accepted in our Indian court because the law presumes that in Leterm Mortem i.e in his last parting words the man will never lie as anyone will meet his maker with a lie on his lips. This is because a man who is going to die, end with all his needs and wants and his interest is no more passionate for self deeds so he seldom lies.

 

-KODALI NEEHARIKA

 

 

 

 

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