Introduction:
The term "dying declaration" draws its roots from the Latin phrase ‘leterm motem’, signifying words spoken before death. In the Bharatiya Sakshya Adhiniyam, 2023 (BSA), specifically Section 26(1) of BSA, talks about the admissibility of dying declarations. In this article, we will studying about the concept of dying declaration under Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Study of Section 26(1) of BSA:
Section 26(1) of BSA addresses situations where a person, in anticipation of death or otherwise, makes a statement about the cause of their death or the circumstances leading to it.
Importantly, these statements remain relevant regardless of the person's expectation of death at the time they were made or the nature of the legal proceeding where the cause of death is questioned.
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Characteristics of Dying Declaration:
- Exception to Hearsay Evidence: Dying declaration stands as an exception to the general rule of excluding hearsay evidence.
- Applicability: It is not confined to a particular type of legal proceeding; it can be relevant in both civil and criminal cases.
- Corroboration Not Mandatory: Contrary to a strict rule, there is no mandatory requirement for corroboration by independent evidence for a dying declaration to be considered valid.
Recording of Dying Declaration:
- Preferred Recorder: Ideally, a judicial magistrate is the best person to record a dying declaration.
- Alternatives: In cases where calling a magistrate might lead to delays due to the deteriorating condition of the individual, anyone can record it.
- Validity of Police Record: While recording by a police officer is not considered invalid, it is generally seen as more reliable when done by a competent magistrate.
Procedure and Validity:
- Flexible Procedure: There is no specific form or procedure mandated for recording a dying declaration.
- Narrative Form Validity: It is important to note that a dying declaration need not be in a question-answer format; a narrative form can be equally valid. But, best practice would be to record the dying declaration in a question-answer format.
Multiple Dying Declarations:
- Reliability Check: Courts must carefully assess the reliability of consistent and inconsistent multiple dying declarations.
- Inconsistencies: In the case of inconsistencies, the court considers the extent and nature of inconsistencies, leaning towards the more reliable version unless proven otherwise.
Case Laws:
- Khushal Rao v. State of Bombay (1958): The Supreme Court laid down key principles, highlighting that a true and voluntary declaration requires no corroboration and a dying declaration stands on equal footing as other pieces of evidence.
- Uka Ram v. State of Rajasthan (2001): The Supreme Court emphasized the admissibility of dying declarations based on the impact impending death has on an individual's honesty.
Frequently Asked Questions (FAQs) on Dying Declaration under Bharatiya Sakshya Adhiniyam (BSA)
1. What is a dying declaration?
- A dying declaration is a statement made by a person, in anticipation of death or otherwise, explaining the cause of their death or the circumstances leading to it.
2. Where is the legal relevance of dying declarations highlighted in the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
- The legal relevance of dying declarations is emphasized in Section 26(1) of BSA.
3. Does BSA explicitly define the term "dying declaration"?
- No, the Bharatiya Sakshya Adhiniyam, 2023, does not explicitly define the term "dying declaration."
4. What are the characteristics of a dying declaration according to legal principles?
- - It is an exception to hearsay evidence.
- It is applicable in both civil and criminal proceedings.
- There is no absolute requirement for corroboration by independent evidence.
5. Who is the preferred recorder of a dying declaration?
- Ideally, a judicial magistrate is considered the best person to record a dying declaration.
6. Can anyone else record a dying declaration if a magistrate cannot be called in time?
- Yes, in cases where delays may occur due to the deteriorating condition of the individual, anyone present can record the dying declaration.
7. Is a dying declaration recorded by a police officer considered valid?
- While recording by a police officer is not considered invalid, it is generally seen as more reliable when done by a competent magistrate.
8. Is there a specific form or procedure for recording a dying declaration?
- No, there is no specific form or procedure mandated for recording a dying declaration. But, best practice would be to record the dying declaration in a question-answer format.
9. Can a dying declaration be in a narrative form instead of a question-answer format?
- Yes, a dying declaration need not be in a question-answer format; a narrative form is equally valid.
10. How does the court assess the reliability of multiple dying declarations?
- Courts must carefully assess the reliability of consistent and inconsistent multiple dying declarations.
Dying declaration under BSA (Bharatiya Sakshya Adhiniyam): Notes
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