How Courts Evaluate Multiple Dying Declarations?

Multiple Dying Declarations

When a person makes a statement while aware that their death is imminent, this statement holds significant weight in legal proceedings, especially in cases of unnatural death. This is known as a dying declaration and is admissible in court even though it is hearsay evidence. When a case involves multiple dying declarations, the court carefully examines each one to decide how reliable they are and whether they can be used as evidence. Present article is attempt to shed light on  the admissibility and evaluation of multiple dying declarations:

General Principles of Dying Declarations

• Legal Basis: The underlying principle of accepting a dying declaration is the legal maxim “nemo moriturus praesumitur mentire”, which translates to “a man will not meet his maker with a lie in his mouth”.
• Section 26 (a) of the Bharatiya Sakshya Adhiniyam (equivalent to the old Indian Evidence Act, 1872 section 32 ): Governs the cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
• Exception to Hearsay Rule: Dying declarations are admissible as evidence despite being hearsay because the declarant, being on the verge of death, is presumed to be truthful.
• Sole Basis for Conviction: A truthful and reliable dying declaration can be the sole basis for conviction, even without corroboration. However, corroboration is often sought as a matter of prudence, especially in cases of oral dying declarations.
• Importance of Proper Recording: While there is no prescribed format for recording a dying declaration, it should ideally be done in a question-and-answer format, ensuring the declarant’s words are recorded as accurately as possible. However, a dying declaration not recorded in this manner will not automatically be inadmissible if it meets other requirements.
• No Cross-examination: A key aspect of dying declarations is that the accused has no opportunity to cross-examine the maker of the statement. Hence, courts scrutinise dying declarations with great care to ensure their truthfulness and voluntariness.
• Role of Medical Certification: A doctor’s certificate attesting to the declarant’s fitness of mind to make a statement is generally considered desirable. While not strictly mandatory in every case, it adds to the declaration’s reliability. The doctor should preferably be present during the recording of the declaration.

Multiple Dying Declarations

• Independent Evaluation: Each declaration should be assessed independently for its evidentiary value, considering the circumstances under which it was made.
• Material Discrepancies: If declarations differ in material particulars, courts must scrutinise them closely and may look for corroboration to resolve inconsistencies.
• Preference for Earlier Declarations: If contradictions cannot be reconciled, the declaration made first in time is generally preferred. However, if all declarations are deemed trustworthy and reliable, they can all be accepted.
• Significance of Recording Authority: Declarations recorded by judicial magistrates or in their presence are generally given more weight than those recorded by police officers or other individuals. Similarly, declarations recorded before doctors are often considered more reliable than those made before witnesses.

Factors Affecting Credibility

• Mental and Physical Condition: The declarant’s mental and physical state at the time of making the declaration is crucial. The court must be satisfied that the declarant was conscious, rational, and not under the influence of drugs, pain, or other factors that might impair their ability to give a truthful account.
• Influence or Tutoring: Courts are wary of declarations that might be a result of tutoring, prompting, or coercion by interested parties. The presence of close relatives during the recording may raise suspicion but is not a ground for automatic rejection.
• Opportunity for Observation: The court considers whether the declarant had a clear opportunity to observe and identify the assailant(s).
• Consistency: Consistency in the declaration is a factor in determining its reliability. While minor inconsistencies or variations may be understandable, especially in traumatic situations, major contradictions can undermine the declaration’s credibility.
• Motive: The court examines whether the declarant had any motive to lie or falsely implicate someone.

Illustrative Cases

The examples of how courts have applied these principles in cases involving multiple dying declarations:

• In Ashok Laxamn Gaikwad v. the state of Maharashtra, the court upheld a conviction based on the dying declaration of a woman who was set on fire. The declaration was deemed credible because it was corroborated by medical evidence and the doctor’s testimony confirmed her conscious state during its recording.
• In Sudhakar v. State of M.P., the court highlighted the importance of corroboration when dealing with multiple dying declarations. The court suggested examining which declaration is best supported by other evidence and considering factors like the deceased’s condition and the possibility of influence.
• In Kashi Vishwanath v. the State of Karnataka, the court acquitted the accused due to material contradictions and serious irregularities in three dying declarations made by a burn victim. The inconsistencies regarding the involvement of the accused, coupled with doubts about the language used for recording the declarations, led the court to find the declarations unreliable.
• In Hiraman v. the State of Maharashtra, the court upheld the conviction based on two dying declarations made by a woman with 91% burns. The court acknowledged minor variations in the declarations regarding the motive for the attack but found them to be consistent on the crucial aspect of the appellant’s harassment and greed. The court also emphasised that a dying declaration made at the earliest opportunity and without any influence should be accepted as relevant and truthful.

How Courts Evaluate Multiple Dying Declarations?

When a case involves multiple dying declarations, the court needs to carefully consider each one to determine their reliability and ultimately decide which, if any, can be used to support a conviction. Here are some of the factors that the court takes into consideration:

• Consistency: A dying declaration is more likely to be reliable if it is consistent with other evidence in the case, including other dying declarations. If there are significant inconsistencies between the declarations, this will cast doubt on their reliability. For instance, if the deceased provides conflicting accounts of the assailant’s identity or the circumstances surrounding the attack, the court may question the accuracy and trustworthiness of all declarations.
  
• Corroboration: Although a dying declaration can form the basis of a conviction without corroboration, the court will generally look for corroborating evidence as a matter of prudence, especially if the circumstances surrounding the declaration are unclear or unconvincing. This supporting evidence can come from various sources like eyewitness testimonies, medical reports, or forensic evidence that aligns with the details provided in the dying declaration.
  
• Circumstances: The court will also consider the circumstances in which the dying declaration was made, such as the mental and physical state of the deceased, the opportunity of the deceased to observe the events, and the possibility of tutoring or prompting. For example, if the deceased was under the influence of strong medication or in severe pain, their ability to accurately recall and recount the events might be compromised.
  
• Procedure: The court will look at how the dying declaration was recorded. Was it recorded by a magistrate? Was a doctor present? Was the declaration recorded in a language the deceased understood? The court may consider the declaration more reliable if it was recorded by a magistrate in the presence of a doctor.
  
• Time: The court might give more weight to a dying declaration made at the earliest opportunity and without any external influence. Statements made closer to the time of the incident are considered less likely to be affected by fading memory or potential manipulation by others.
  
• Completeness: While a dying declaration doesn’t have to contain every detail of the incident to be considered valid, the court may find a declaration lacking credibility if it omits significant facts or if it appears the deceased deliberately concealed crucial information.
  

Famous Case Laws on Multiple Dying Declarations

1. Sharad Birdhichand Sarda v. State of Maharashtra (1984 AIR 1622)

• Facts: In this case, the Supreme Court emphasized the importance of corroborating evidence when multiple dying declarations are presented. The deceased made multiple statements implicating different individuals.
• Court’s Observation: The court held that if dying declarations are inconsistent or contradictory, the one that is more credible, consistent with medical and forensic evidence, and free from suspicion should be relied upon.
• Significance: This judgment established the principle that dying declarations must be assessed in the light of surrounding circumstances and corroborative evidence.

2. State of Punjab v. Gian Kaur (1998 AIR 2809)

• Facts: The case involved two conflicting dying declarations—one made to the police and another before a magistrate.
• Court’s Observation: The Supreme Court upheld the dying declaration recorded by the magistrate, stating that a declaration made before an independent judicial officer carries more weight.
• Significance: This case highlighted the role of procedural fairness in assessing the reliability of dying declarations.

3. Laxman v. State of Maharashtra (2002 AIR 2973)

• Facts: The deceased gave two dying declarations—one implicating a family member and another denying any foul play.
• Court’s Observation: The court clarified that a dying declaration does not need to be recorded by a magistrate to be valid, but the reliability of the statement depends on the deceased’s mental and physical state.
• Significance: The judgment emphasized the need to evaluate the circumstances under which the dying declarations were made.

4. Panchdeo Singh v. State of Bihar (2002 AIR 526)

• Facts: This case dealt with three dying declarations, with variations in the assailant’s identity in each one.
• Court’s Observation: The Supreme Court stated that inconsistencies in multiple dying declarations should not automatically render all declarations unreliable. The most consistent and corroborated declaration should be considered.
• Significance: This case is crucial for its nuanced approach, encouraging courts to weigh all declarations carefully instead of rejecting them outright due to inconsistencies.

5. Amol Singh v. State of Madhya Pradesh (2008 AIR 1329)

• Facts: The deceased gave two declarations: one naming the accused and another omitting the accused’s name.
• Court’s Observation: The court ruled that when one dying declaration is recorded by a magistrate and corroborated by evidence, it should be given precedence over others recorded informally.
• Significance: The decision emphasises the importance of formal recording by an impartial authority.

6. K. Ramachandra Reddy v. Public Prosecutor (1976 AIR 1994)

• Facts: Multiple dying declarations were recorded, but there were contradictions in the sequence of events.
• Court’s Observation: The Supreme Court ruled that minor contradictions do not invalidate a dying declaration if the substance remains consistent with other evidence.
• Significance: This judgment provides guidance on how to handle minor discrepancies in multiple declarations.

7. Ram Bihari Yadav v. State of Bihar (1998 AIR 1850)

• Facts: The case involved two dying declarations—one made at the scene of the crime and another in a hospital.
• Court’s Observation: The court held that the declaration made under calmer circumstances, free from immediate pressure, is more reliable.
• Significance: The judgment emphasized the role of the deceased’s state of mind in determining reliability.

8. State of UP v. Veerpal (2022 Supreme Court)

• Facts: This recent case involved conflicting dying declarations where the victim named two different individuals in separate declarations.
• Court’s Observation: The court applied a holistic approach, weighing both declarations against the medical and forensic evidence, and relied on the declaration corroborated by external evidence.
• Significance: This case reinforces the principle of corroboration as a critical factor when multiple dying declarations exist.

Overall Courts prefer declarations recorded by a magistrate over informal declarations, provided they are free from influence or tutoring. Minor inconsistencies are tolerable if the declaration’s substance aligns with other evidence. The deceased’s physical and mental state, timing, and completeness of the declaration are pivotal in determining reliability.

Case Laws Multiple Dying Declarations in Table Format

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FAQs on Multiple Dying Declarations

1. Can multiple dying declarations be contradictory yet admissible?

Yes, contradictory dying declarations are admissible, but their reliability is assessed based on the circumstances and corroborative evidence. The court evaluates which declaration aligns more with independent evidence and other credible factors.

2. How does the Supreme Court view inconsistencies in dying declarations?

The Supreme Court has clarified that minor inconsistencies do not invalidate a dying declaration. Instead, the court will focus on the overall reliability, credibility, and corroboration with other evidence. For example, in Sharad Birdhichand Sarda v. State of Maharashtra, the court prioritized consistency with forensic evidence while dismissing discrepancies in minor details.

3. What happens if one dying declaration is recorded by a magistrate and another by a police officer?

The declaration recorded by a magistrate typically carries more weight, as magistrates are considered impartial and independent. However, the content and context of both declarations are evaluated before a decision is made.

4. Can a dying declaration be considered reliable without corroboration?

Yes, a dying declaration can form the sole basis for conviction without corroboration if it is clear, consistent, and credible. However, courts prefer corroboration as a matter of caution, particularly in cases involving multiple declarations.

5. What is the dying declaration section of the Bharatiya Sakshya Adhiniyam (BSA)?

Under Section 26(a) of the Bharatiya Sakshya Adhiniyam (equivalent to the Indian Evidence Act, 1872), Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. 

6. What is a multiple dying declaration?

A case involves multiple dying declarations when the deceased makes more than one statement regarding the cause of their death or the circumstances leading to it. Courts evaluate their consistency, reliability, and corroboration to decide which one(s) to accept.

7. How many types of dying declarations are there?

There are four main types:

1. Oral: Statement made verbally to a person.
2. Written: Statement written by the deceased.
3. Gestural: Non-verbal communication (e.g., nodding or gestures) by the deceased when unable to speak.
4. Judicial: Statement recorded by a magistrate.

8. What happens when there is more than one dying declaration?

If multiple declarations exist all are accepted if they corroborate each other. If contradictory, courts analyze evidence to assess which declaration is reliable based on factors like timing, recording process, and corroboration.

9. What is an example of a dying declaration?

If a victim of a fire says, “My husband poured kerosene and set me on fire,” before succumbing to injuries, this statement is admissible as a dying declaration.

10. What is the difference between a dying declaration and a dying deposition?

• Dying Declaration: Recorded without cross-examination and used as evidence.
• Dying Deposition: Recorded by a magistrate in the presence of the accused and includes cross-examination, making it stronger evidence.

11. Can an FIR be used as a dying declaration?

Yes, if an FIR is the victim’s statement about the circumstances of their death and they die before testifying, it can be treated as a dying declaration under Section 32(1) of IEA.

12. What is Section 32 of the Indian Evidence Act?

Section 32 outlines cases where statements by persons who cannot testify are admissible, including statements about their death, relationships, or rights.

13. What is the doctrine of res gestae?

Under Section 6 of the Evidence Act, the doctrine of res gestae allows facts directly connected with the main incident to be admissible as evidence, For instance, spontaneous statements made during or immediately after an event can be admitted.

Table: Factors Affecting the Credibility of Multiple Dying Declarations

Ultimately, each dying declaration has to be considered independently on its own merit. The court will weigh all of the factors involved and decide whether a particular dying declaration is reliable enough to be admitted as evidence. The court has the discretion to rely on one dying declaration, multiple declarations, or none at all depending on the specific circumstances of the case and the overall assessment of their reliability

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Disclaimer

This article is intended for educational purposes only and should not be construed as legal advice. The information provided herein is based on the general principles of law and judicial precedents in India as of the date of publication. Readers are advised to consult a qualified legal professional for specific legal concerns or guidance. While efforts have been made to ensure accuracy, the author and legallyin.com do not guarantee the completeness or reliability of the information provided and disclaim all liability for any actions taken based on this article