Does a statement made to SDM by a bride relating to the cause of her death, becomes a ‘dying declaration’ under Section 32 of the Indian Evidence Act though the bride firmly believed that she would recover, but dies after three days of making it?

Question: Does a statement made to SDM by a bride relating to the cause of her death, becomes a ‘dying declaration’ under Section 32 of the Indian Evidence Act though the bride firmly believed that she would recover, but dies after three days of making it?

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Answer

The words “dying declaration” mean a statement written or verbal of relevant facts made by a person who is dead. In Section 32(1) of the Evidence Act, the only statement that is given just before the death is the dying declaration. Also, the statement that is given before and which explains the cause of death is also a dying declaration.

A statement by a person made before his death to be relevant, the following ingredients are to be satisfied:

1. The statement is made by a person who is conscious and believes or apprehends that death is imminent.
2. The statement must pertain to what the person believes to be the cause or circumstances of his/her death.
3. What is recorded must be a statement made by the person concerned, since it is an exception to the rule of hearsay evidence.
4. The statement must be confidence bearing, truthful and credible.

In Mallella Shyamsunder v. State of AP [(2015) 2 SCC 486], the Supreme Court added two more ingredients as under:

1. the statement should not be one made on tutoring or prompting.
2. The court may also scan the statement to see whether the same is prompted by any motive of vengeance

A person who is conscious and knows that death is about to happen can make a statement about the reason for his/her death will be admissible in court. The word dying declaration explains the word itself. It means a written or verbal statement of relevant facts made by the person who is about to die or is dead. It is the statement of a person who knew the cause of his death or the circumstances of his death.

It is based on a principle named Nemo Moriturus Praesumitur Mentire which simply means that when a person is on a death bed there are fewer chances that he would lie.

However, it is pertinent to note that if the person who made the dying declaration had the slightest hope of recovery, no matter how unreasonable, the statement is not admissible into evidence. A dying declaration is usually introduced by the prosecution but can be used on behalf of the accused.

For a dying declaration to be held admissible, it is crucial that the person believe that he or she is dying in order for the dying declaration to remain legally pure. The trouble is that if the dying person believes that there is a chance of his survival, the declaration remains no longer valid.

Therefore, the statement of the bride made to SDM relating to the cause of her death doesn’t become a ‘dying declaration’ under Section 32 of the Indian Evidence Act because the bride firmly believed that she would recover.

It is immaterial here, whether she actually dies after three days of making it or not, the fact that when she made her statement she was not at all under the expectation of his death, the same shall be held relevant as dying declaration under Section 32(1) of the act.

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