A dying declaration is a statement made by a person who believes they are on the brink of death, and the statement relates to the cause or circumstances of their impending death. The dying declaration is admissible as evidence in court under certain circumstances, as it is a statement made under a sense of impending death and thus is presumed to be truthful.

In this research paper, I will examine the legal principles governing the admissibility and reliability of dying declarations in India. I will analyse the provisions of the Indian Evidence Act, which govern the admissibility of dying declarations in court, and the various judicial decisions that have interpreted and applied these provisions.

The research paper will also discuss the procedural safeguards that are required to ensure that the dying declaration is free from coercion, influence, or inducement. These safeguards include the requirement that the dying declaration be made voluntarily and without any threat or promise of reward, and that it be recorded by a competent authority in the presence of witnesses.

Additionally, the research paper will examine the various factors that can affect the reliability of a dying declaration, such as the mental and physical condition of the declarant, the nature of the statement, and the circumstances in which it was made. The paper will also consider the weight to be given to a dying declaration in relation to other evidence in a case.

In conclusion, this research paper will provide a comprehensive analysis of the legal principles governing dying declarations in India. It will contribute to the understanding of the admissibility and reliability of dying declarations, and the procedural safeguards that are required to ensure their validity as evidence in court.

Introduction:
A dying declaration is a statement made by a person who believes that they are about to die or who is on the verge of death, regarding the circumstances surrounding their impending death. Such a statement is admissible in a court of law as evidence, even though the person who made the statement is not present to testify.

Dying declarations are often used in cases where a person has been murdered or has died under suspicious circumstances. In such cases, the dying declaration can provide important evidence regarding the identity of the perpetrator, the motive behind the crime, and other important details that can help in the investigation and prosecution of the case.

The admissibility of dying declarations as evidence in a court of law is based on the principle of necessity. Since the person who made the statement is no longer alive to testify, the statement is deemed necessary to establish the facts of the case. However, the admissibility of dying declarations is subject to certain conditions and limitations, which will be discussed in this research paper.

Objectives:
The objective of this research paper is to examine the legal and evidentiary aspects of dying declarations in India.
Specifically, this paper aims to:

• Analyze the legal framework governing dying declarations under Indian law.
• Examine the admissibility and credibility of dying declarations as evidence in court.
• Explore the conditions and limitations governing the admissibility of dying declarations.
• Examine the role of dying declarations in the investigation and prosecution of criminal cases.
• Analyze the impact of dying declarations on the administration of justice in India.

Scope:
This research paper will focus on the legal and evidentiary aspects of dying declarations in India. It will examine the legal framework governing dying declarations, including the relevant provisions of the Indian Evidence Act, 1872. The paper will also explore the admissibility and credibility of dying declarations as evidence in court, including the conditions and limitations governing their admissibility. The paper will examine the role of dying declarations in the investigation and prosecution of criminal cases and the impact of dying declarations on the administration of justice in India. However, this paper will not delve into the medical aspects of dying declarations, such as the physiological conditions that may affect a person's ability to make a statement, as these issues are beyond the scope of this research.

Methodology:
This research paper is based on a comprehensive review of the existing literature on dying declarations in India. The primary sources of information for this paper include the Indian Evidence Act, relevant case law, and academic articles and books on the topic. The research methodology involves a systematic review of the relevant literature, including a critical analysis of the legal framework governing dying declarations and an examination of the admissibility and credibility of dying declarations as evidence in court. The research also involves an analysis of the conditions and limitations governing the admissibility of dying declarations and an exploration of the role of dying declarations in the investigation and prosecution of criminal cases.

Distinction Between Indian Law and English Law
Dying declarations are statements made by a person who believes that they are about to die, or who is on the verge of death, regarding the circumstances surrounding their impending death. Such statements are admissible as evidence in court, even though the person who made the statement is not present to testify. However, the law surrounding the admissibility of dying declarations differs in India and England. This paper aims to highlight the distinction between Indian law and English law in the admissibility of dying declarations.

Indian Law:
In India, the admissibility of dying declarations is governed by the Indian Evidence Act, 1872. The Act allows for dying declarations to be admissible in evidence under Section 32(1) of the Act, which provides that a statement made by a person who is dead is admissible if it relates to the cause of that person's death or any of the circumstances of the transaction that resulted in that person's death. In order for a dying declaration to be admissible under Section 32(1), the person making the statement must have been aware that they were about to die, and the statement must have been made in the presence of a magistrate or a doctor or in the presence of any other person who could attest to the statement's authenticity.
 The statement must also be a clear and coherent account of the facts, and it must be relevant to the cause of the person's death or to the circumstances surrounding the transaction that resulted in the person's death. Indian law recognizes that dying declarations are generally made in circumstances where there is no opportunity for the person making the statement to fabricate or concoct a story. Therefore, such statements are considered to be highly reliable and trustworthy. However, the admissibility of dying declarations in India is subject to certain limitations, such as the requirement that the person making the statement must have been aware that they were about to die, and the statement must be relevant to the cause of their death or to the circumstances surrounding the transaction that resulted in their death.

English Law:
In England, the admissibility of dying declarations is governed by the common law. The common law recognizes that dying declarations are generally made in circumstances where the person making the statement is aware that they are about to die, and there is no opportunity for them to fabricate or concoct a story. Therefore, such statements are considered to be highly reliable and trustworthy, and they are generally admissible as evidence in court. In order for a dying declaration to be admissible under English law, the person making the statement must have been aware that they were about to die, and the statement must have been made under a sense of impending death.

The statement must also be relevant to the cause of the person's death or to the circumstances surrounding the transaction that resulted in the person's death. Unlike Indian law, English law does not require that a dying declaration must have been made in the presence of a magistrate or a doctor or in the presence of any other person who could attest to the statement's authenticity. However, the admissibility of a dying declaration under English law is subject to the court's discretion, and the court will consider the reliability and credibility of the statement in determining whether to admit it as evidence.

Distinction between Indian and English Law:
The main distinction between Indian and English law in the admissibility of dying declarations is the statutory nature of the Indian law as compared to the common law nature of the English law. In India, the admissibility of dying declarations is governed by the Indian Evidence Act, which provides for specific conditions for the admissibility of such statements. In England, the admissibility of dying declarations is based on the common law, which recognizes the reliability and credibility of such statements.

Nature Of Proceeding
In criminal cases, a dying declaration is a statement made by a person who is on the verge of death or believes that they are about to die. Such a statement is admissible as evidence in a court of law under certain conditions, including the nature of the proceeding in which the statement is being used.

The nature of the proceeding refers to the type of legal proceeding in which the dying declaration is being presented as evidence. The admissibility of dying declarations varies depending on the nature of the proceeding, and different rules apply to criminal and civil cases. In criminal cases, dying declarations are generally admissible as evidence if the person making the statement died as a result of the injuries sustained in the crime. The admissibility of dying declarations in criminal cases is based on the principle of necessity, as the statement is deemed necessary to establish the facts of the case. However, the statement must meet certain conditions to be admissible, including the following:

The statement must relate to the cause of death: The dying declaration must relate to the cause of the person's death, such as the injuries sustained in the crime. It must be clear that the statement was made by the person under the belief that they were about to die and that they did, in fact, die as a result of the injuries sustained.

The statement must be voluntary: The dying declaration must be made voluntarily and without any influence or coercion. The person making the statement must not be under any threat or fear at the time of making the statement.

The statement must be recorded by a competent person: The statement must be recorded by a competent person, such as a magistrate or a doctor, who is authorized to record dying declarations. The person recording the statement must certify that the statement was made voluntarily and that the person making the statement was in a fit state of mind to make the statement.

The statement must be reliable: The statement must be reliable and trustworthy. The court will look at various factors, such as the mental and physical condition of the person making the statement, the circumstances under which the statement was made, and any corroborative evidence, to determine the reliability of the statement.

In civil cases, the admissibility of dying declarations is governed by the Indian Evidence Act, which provides that dying declarations can be admitted as evidence of the cause of the person's death or as evidence of the circumstances of the transaction that resulted in the person's death. However, the rules governing the admissibility of dying declarations in civil cases are more stringent than those in criminal cases.

In civil cases, the dying declaration must be made in the form of a written document signed by the person making the statement. The document must be attested by at least two witnesses who were present at the time the statement was made. The witnesses must certify that the person making the statement was of sound mind and that they understood the nature and consequences of the statement. The dying declaration in civil cases must also relate to the cause of death or the circumstances of the transaction that resulted in the person's death.

The statement must be relevant to the matter in issue in the case and must be reliable and trustworthy. In both criminal and civil cases, the admissibility of dying declarations is subject to certain exceptions and limitations. For example, a dying declaration made by a person who did not die as a result of the injuries sustained in the crime may not be admissible as evidence. Similarly, a dying declaration made by a person who was not of sound mind at the time of making the statement may not be admissible.

Circumstances Leading To Death
A dying declaration is a statement made by a person who believes they are about to die, or who is on the verge of death, about the circumstances leading to their death. It is an important piece of evidence that can help establish the identity of the perpetrator and provide valuable information for the investigation and prosecution of the case.

In this research paper, we will examine the circumstances leading to death in a dying declaration. Specifically, we will explore the types of cases in which dying declarations are typically used, the legal requirements for a valid dying declaration, and the circumstances surrounding the making of a dying declaration.

Types of Cases in Which Dying Declarations are Typically Used:
Dying declarations are typically used in cases involving homicide, suicide, or accidental death. In cases of homicide, the dying declaration can provide important information about the identity of the perpetrator, the motive behind the crime, and the circumstances surrounding the murder. In cases of suicide, the dying declaration can provide insight into the reasons behind the suicide and help investigators determine whether foul play was involved. In cases of accidental death, the dying declaration can help establish the cause of the accident and determine whether negligence or wrongdoing was involved.

Legal Requirements for a Valid Dying Declaration:
Under Indian law, a dying declaration is admissible as evidence in a court of law if it meets certain legal requirements.
These requirements are as follows:

• The statement must be made by a person who believes they are about to die or who is on the verge of death.
• The statement must relate to the circumstances leading to the person's death.
• The statement must be made voluntarily, without any external influence or coercion.
• The statement must be based on the personal knowledge of the person making the statement.
• The statement must be made in the presence of a magistrate or a doctor.

Circumstances Surrounding the Making of a Dying Declaration:
The circumstances surrounding the making of a dying declaration are crucial to its admissibility as evidence in a court of law. The statement must be made voluntarily, without any external influence or coercion. If there is any indication that the statement was made under duress or coercion, it may be deemed inadmissible. Additionally, the statement must be based on the personal knowledge of the person making the statement. If the person is delirious or unable to comprehend the nature of their statement, the statement may be deemed inadmissible. The statement must be made in the presence of a magistrate or a doctor. This requirement ensures that the statement is recorded accurately and that the person making the statement is not under any undue influence or pressure.

Conclusion:
In conclusion, dying declarations are an important source of evidence in cases involving homicide, suicide, or accidental death. The legal requirements for a valid dying declaration ensure that the statement is made voluntarily, without any external influence or coercion, and is based on the personal knowledge of the person making the statement. The circumstances surrounding the making of a dying declaration are crucial to its admissibility as evidence in a court of law, and it is important to ensure that the statement is made in the presence of a magistrate or a doctor. By following these legal requirements, dying declarations can provide valuable information for the investigation and prosecution of criminal cases, and help bring justice to the victims and their families.

Evidentiary Value
The evidentiary value of a dying declaration in a criminal trial is significant, as it can provide crucial evidence regarding the circumstances leading up to a person's death. In India, a dying declaration is recognized as an exception to the hearsay rule under the Indian Evidence Act, 1872. This means that even though the person who made the statement is not present to testify in court, the statement can still be used as evidence.

In this research paper, we will examine the evidentiary value of a dying declaration in India, including its admissibility, credibility, and probative value.

Admissibility of Dying Declaration
The admissibility of a dying declaration in a criminal trial is governed by Section 32 of the Indian Evidence Act, which states that a statement made by a person who is dead or cannot be found is admissible if it relates to the cause of that person's death or the circumstances leading up to their death.

To be admissible as a dying declaration, the statement must be made by a person who believed that they were about to die, and the statement must relate to the cause of their death or the circumstances leading up to their death. The statement can be made orally or in writing and can be made to anyone, including a police officer, doctor, or friend.

The admissibility of a dying declaration is subject to certain conditions and limitations. For example, the statement must be made voluntarily, without any influence or pressure from anyone else. The person making the statement must also be of sound mind and capable of understanding the nature and consequences of the statement.

Credibility of Dying Declaration
The credibility of a dying declaration depends on various factors, including the mental and physical condition of the person making the statement, the circumstances under which the statement was made, and the consistency of the statement with other evidence in the case.

The mental and physical condition of the person making the statement is an important factor in assessing the credibility of a dying declaration. If the person was under the influence of drugs or alcohol or was in extreme pain, their ability to make a coherent statement may be compromised. Similarly, if the person was suffering from a mental illness, their ability to make a reliable statement may be called into question.

The circumstances under which the statement was made are also important in assessing the credibility of a dying declaration. If the statement was made in the presence of others, the statement may be more reliable than if it was made in private. Similarly, if the person making the statement had a motive to lie or had been coached to make a false statement, the credibility of the statement may be called into question. The consistency of the statement with other evidence in the case is another important factor in assessing the credibility of a dying declaration. If the statement is consistent with other evidence, such as witness statements or forensic evidence, it may be more reliable than if it contradicts other evidence.

Probative Value of Dying Declaration
The probative value of a dying declaration depends on the circumstances of the case and the weight that the court attaches to the statement. A dying declaration can be very probative if it provides clear and detailed evidence regarding the circumstances leading up to a person's death. However, if the statement is vague or inconsistent, its probative value may be diminished.

The probative value of a dying declaration is also influenced by the presence of other evidence in the case. If there is other evidence, such as eyewitness testimony or forensic evidence, that supports the dying declaration, the statement may be more probative. Conversely, if there is evidence that contradicts the dying declaration, its probative value may be diminished.

Criticism Of Dying Declaration
Despite the recognition of dying declaration as an exception to the hearsay rule and its evidentiary value, it has faced significant criticism from legal scholars, judges, and practitioners in India. In this research paper, we will examine the criticisms of dying declarations and explore the limitations of their admissibility, credibility, and probative value.

Limitations of Admissibility
One of the primary criticisms of dying declarations is that they are often admitted without proper scrutiny of their admissibility. As per Section 32 of the Indian Evidence Act, a dying declaration is admissible if it relates to the cause of the declarant's death or the circumstances leading up to their death. However, in practice, courts have often admitted dying declarations even when they do not meet the requirements of Section 32.

For instance, in the case of Laxman v. State of Maharashtra, the Supreme Court of India held that the dying declaration of the victim, who was allegedly burnt alive by the accused, was admissible even though it did not relate to the cause of death or the circumstances leading up to the death. This decision has been criticized as it goes against the plain language of Section 32 and sets a dangerous precedent for the admission of dying declarations in future cases.

Another limitation of the admissibility of dying declarations is that they are often admitted without proper verification of their authenticity. As dying declarations are often made in stressful and emotionally charged situations, there is a risk that they may be influenced by external factors or may not be a true reflection of the declarant's wishes. Therefore, it is crucial that the authenticity of the declaration is verified by the court before it is admitted as evidence.

Conclusion
In conclusion, the dying declaration is a vital piece of evidence in criminal trials, which allows the court to consider the testimony of a victim or witness who has passed away. The recognition of dying declarations as an exception to the hearsay rule has provided an avenue for victims and witnesses to have their voices heard, even after their death. However, as discussed above, the admissibility, credibility, and probative value of dying declarations have been subject to significant criticism.

The limitations of the admissibility of dying declarations, including the lack of scrutiny of their admissibility and verification of their authenticity, need to be addressed. Moreover, steps need to be taken to ensure that dying declarations are only admitted when they meet the requirements of Section 32 of the Indian Evidence Act. The credibility issues surrounding dying declarations also need to be addressed. Courts need to be vigilant to ensure that declarations are not influenced by external factors, such as police officers or medical professionals, and that they are made by the declarant of their own free will. Moreover, courts should consider the timing of the declaration and the physical and emotional state of the declarant when evaluating their credibility.

Finally, the probative value of dying declarations should be carefully considered by the courts. While they can be powerful evidence, they should not be relied upon as the sole or primary evidence in a case. The court should also consider other corroborating evidence, such as forensic evidence or witness testimony, to ensure that the conviction is based on reliable and accurate evidence.

In conclusion, the dying declaration is a valuable exception to the hearsay rule that provides victims and witnesses with a voice in the criminal justice system. However, the admissibility, credibility, and probative value of dying declarations need to be carefully evaluated by the courts to ensure that they are used appropriately and fairly in criminal trials. Written By:

1. Priyanshi Singh
2. Devansh Tiwari