Dying declaration

 Sec 32 (1) of Indian evidence Act  1872  now restructured in sec 26 of BSA 2023

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 in to question , such statement are relevant whether the person who made them was or was not , at the time when they were made , under expectation of death and whatever may be the nature of proceeding in which the cause of his death comes in to question 

Corpus Juris Secundum vol XL page 1283 & American jurist also interpret weighting of dying declaration in what circumstances under which they were made , whether it was outside influence ,sprit of  revenge , deceased not cross examined  ,under  expectation of death or not , these are the questions raised for the cause of death 

The principle on which dying declaration is admitted in evidence “ 

Statement having truth ness and also said voluntarily are the factors for making conviction by court 

Hon’ ble supreme court in his judgement  2023 INSC 758 Irphan @ Naka v state of UP explained that there is no hard & fast rule for determining when a dying declaration should be accepted the duty of court is to decide this question of  in the facts and surrounding and be fully convinced of the truthfulness of the same 

Certain factors considered to determination , however they will only affect the weight of dying declaration and not its admissibility

1) whether the person making them was or statement was in expectation of death ?

7)

2) whether the dying declaration was made at the earliest opportunity ?

3! Whether there is any reasonable suspicion to believe the dying declaration as put in the mouth of the dying person ?

4)whether there is any dying declaration was a product of prompting , tutoring or leading at the instance of police or any interested party ?

5) whether the statement was not recorded properly ?

6! Whether there is any dying declarant  had opportunity to clearly observe the incident ?

7) whether there is any dying declaration has been consistent throughout ?

8) whether there dying declaration in itself is a manifestation of/ fiction of the dying persons imagination of what he thinks transpired ?

9) whether the dying declaration was itself voluntary ?

10) in case of multiple dying declarations , whether there is any first one inspires truth and consistent with the other dying declaration was a?

11) whether as per the injuries it would have been impossible for the deceased to make a dying declaration ?

Supreme Court in this judgement further relied the reported judgement title Sujt Biswas v state of Assam (2013)12,SCC 406 in which it was held that :

The court has a duty to ensure that mere conjunctures or suspicion don't take place of legal proof 

The court must ensure that miscarriage of justice is avoided and if the facts and circumstances of a case so demand , then the benefit of doubt must be given to accused keeping in mind that a reasonable doubt is not an imaginary , trivial or merely probable doubt but a fair doubt based upon reason and common sense