Q.

Whether a dying declaration is conclusive proof in establishing a

dowry death?

Synopsis:
Introduction
Meaning
Legal Framework for Dying Declarations
• Definition
• Admissibility
Evidentiary Value of Dying Declaration in India
Not Conclusive in Isolation
Reasons for Requiring Corroboration
DOCTOR’S ROLE
When a Dying Declaration is Not Admissible?
Dying Declaration in the Context of Dowry Death
• Dowry Death Defined
• Role of Dying Declaration in Dowry Death Cases
When is a Dying Declaration Conclusive?
Judicial Precedents
Challenges in Relying on Dying Declarations
Strategic Use of Dying Declarations
• For prosecution
• For Defense
Conclusion
Introduction
The Indian legal system, recognizes the concept of a dying declaration
under s.26 of Bharatiya Sakshya Adhiniyam (BSA) 2023 as a
significant piece of evidence in criminal cases, including dowry death
under Section 80 of the Bharatiya Nyaya Sanhita (BNS). However,
whether a dying declaration is conclusive proof for establishing
dowry death depends on various factors, including its admissibility,
reliability, and corroboration with other evidence. Below is a detailed
analysis under categorized headings

Meaning
A dying declaration is a statement made by a person while they are
dying, explaining the reason for their death. This statement can be
either indirect or direct, revealing the cause of their death. Therefore,
the only statement given shortly before a person’s death is called a
dying declaration.

If a person is mentally sound and aware that they are about to die,
they can make a declaration stating the cause of their death. This
statement will be accepted as evidence in a court of law. The
declaration can be made orally, in writing, or through actions. The
term “dying declaration” is self-explanatory, as it describes the
statement given by someone who is dying.

The principle on which it is admitted as evidence is indicated in the

legal maxim ‘nemo moriturus prae-sumitur mentire’ which means a
man will not meet his maker with a lie in his mouth.
Legal Framework for Dying Declarations

• Definition

S.26 of Bharatiya Sakshya Adhiniyam 2023, deals with dying

declaration and its extracted below:

S.26 - Cases in which statement of relevant fact by person who is

dead or cannot be found, etc., is relevant.

Statements, written or verbal, of relevant facts made by a person who

is dead, or who cannot be found, or who has become incapable of
giving evidence, or whose attendance cannot be procured without an
amount of delay or expense which under the circumstances of the case
appears to the Court unreasonable, are themselves relevant facts in the
following cases, namely:—
(a) 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 into question. Such statements 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 the
proceeding in which the cause of his death comes into question;

• Admissibility
Dying declaration will be admissible in evidence only when the
person making the statement dies and the cause of the person’s death
comes into question. If the person who has made a dying declaration
survives, such a statement will not come within the purview of s.26
(a)of Bharatiya Sakshya Adhiniyam 2023. Dying declaration is an
exception to the general rule of excluding the hearsay evidence. The
burden of proving the dying declaration is always on the prosecution.
Since an accused can be convicted solely on the basis of dying
declaration, the court is expected to carefully scrutinize the same.

Three essential ingredients will have to be proved to the satisfaction

of the court and they are:-
(i) the declarant should have been in actual danger of death at the time
when he made the statement;
(ii) he should have had full apprehension of his danger and
(iii) death should have ensued.

The Dying Declaration should inspire the confidence of the court

about the truthfulness of such a declaration. If the court, after careful
evaluation of the entire evidence, feels that the same was the result of
either tutoring, prompting or product of imagination, the Declaration
will not be accepted. If the contents of the very Dying Declaration
contradicts the core of the prosecution case, the declaration will not
be the basis for conviction. Normally, a Dying Declaration should be
recorded in the words of the declarant, but the same cannot be
rejected merely because the exact words used by the declarant are not
reproduced.
Evidentiary Value of Dying Declaration in India
A dying declaration carries significant weight in legal proceedings
and can serve as the sole basis for a conviction without the need for
additional corroborating evidence. It is considered a piece of evidence
and can be relied upon if found to be genuine and reliable. However,
the court must be satisfied that the dying declaration instils complete
confidence in its accuracy.

The court must ensure that the statement of the deceased was not
influenced, coached, or a result of imagination. It must also ascertain
that the deceased was of sound mind and had a clear opportunity to
observe and identify the assailants. Once the court is convinced that
the statement is truthful and voluntary, it can base a conviction solely
on the dying declaration without requiring further corroboration.
Hence, this adds up an evidentiary value of a dying declaration.

Not Conclusive in Isolation

- **Supportive, Not Determinative:**
A dying declaration, while persuasive, is not considered conclusive
proof on its own. The court must examine its consistency, context, and
whether it is corroborated by other evidence (e.g., forensic findings,
witness accounts, medical reports).
- **Reliability Concerns:**
Factors such as the condition under which the declaration was made,
potential influence by others, or inconsistencies in the statement can
affect its probative value.
Reasons for Requiring Corroboration

Possibility of Influence: The declarant may be under emotional

distress, influenced by others, or have a clouded judgment due to their
medical condition, which could affect the accuracy of the statement.
Lack of Opportunity for Cross-Examination: The accused person does
not have the opportunity to cross-examine the declarant, making it
necessary to seek other evidence to ensure a fair trial.
Potential for Misinterpretation: The dying declaration may be
incomplete, ambiguous, or misinterpreted, requiring corroboration to
establish the true facts.

DOCTOR’S ROLE

When a Dying Declaration is Not Admissible?

These factors need to be considered when evaluating the evidentiary
value of dying declaration in court.

If the deceased made a statement before their death about something

other than the cause of their death, it may not be considered a dying
declaration.
If there are doubts about the decision, inconsistencies, substantial
incompleteness, proof of falsehood, or signs of coercion influencing
the statement, its reliability may be questioned.
The credibility of the declarant as a competent witness is essential.
For example, in the case of Amar Singh v. State of Madhya Pradesh, it
was determined that without evidence of mental or physical fitness,
the dying declaration could not be considered reliable.
If the statement made by the deceased does not pertain to their own
death but to the death of another person, it is not relevant as a dying
declaration.

Dying Declaration in the Context of Dowry Death

• Dowry Death Defined

The provision of Dowry Death is incorporated Section 80 of the
Bharatiya Nyaya Sanhita (BNS) whereas Section 118 B of BSA talks
about the presumption by court in case of such death.

Section 80 of the Bharatiya Nyaya Sanhita (BNS)

80. Dowry death.—(1) Where the death of a woman is caused by any
burns or bodily injury or
occurs otherwise than under normal circumstances within seven years
of her marriage and it is shown that
soon before her death she was subjected to cruelty or harassment by
her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death
shall be called “dowry death”, and
such husband or relative shall be deemed to have caused her death.
Explanation.—For the purposes of this sub-section, “dowry” shall
have the same meaning as in
section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.

Section 118 B of BSA talks about the presumption by court in case

of such death.

Presumption as to dowry death ––-

When the question is whether a person has committed the dowry
death of a woman and it is shown that soon before her death, such
woman had been subjected by such person to cruelty or harassment
for, or in connection with, any demand for dowry, the
Court shall presume that such person had caused the dowry death.
Explanation.—For the purposes of this section, "dowry death" shall
have the same
meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023

• Role of Dying Declaration in Dowry Death Cases

➢ Admissibility S.26 of Bharatiya Sakshya Adhiniyam (BSA)

2023
A dying declaration is admissible as evidence if:
1. It explains the cause/circumstances of death.
2. The declarant was mentally competent and made the statement
voluntarily.
3. It is recorded by a magistrate, doctor, or police officer (in absence
of a magistrate).

➢ Key Judicial Principles

No Corroboration Mandatory: Courts can convict solely based on a

credible dying declaration (Paniben v. State of Gujarat, 1992).

Scrutiny for Reliability: The declaration must be free from tutoring,

coercion, or inconsistencies (Laxman v. State of Maharashtra, 2002).

Fit State of Mind: The victim’s ability to make a coherent statement

must be certified by the recording authority.

When is a Dying Declaration Conclusive?

A dying declaration is not automatically conclusive but can be
decisive if:
1. Voluntary and Trustworthy: The statement is consistent, specific,
and free from doubt.

2. Corroborated by Evidence:
Medical reports confirming injuries or unnatural death.
Witness testimonies (e.g., neighbors, relatives) about prior dowry
demands or abuse.
Documentary evidence (e.g., complaints to police or dowry lists).
3. Recorded Properly:
Preferably by a magistrate.
Includes a certification of the declarant’s mental fitness.

Judicial Precedents
The judgment extensively references pivotal Supreme Court cases
that have shaped the legal landscape regarding dying declarations and
dowry death:

Salim Gulab Pathan v. State of Maharashtra (2012): Affirmed that a

dying declaration can be the sole basis for conviction if it inspires full
confidence.

Atbir v. Government (2010): Reinforced the admissibility of dying

declarations without the necessity for corroboration, provided the
statement is voluntary and trustworthy.

Kamalavva And Anr v. State of Karnataka (2009): Held that even with
severe burn injuries (70-80%), a dying declaration can be accepted if
made consciously.

Laxman v. State of Maharashtra: Established that the court must

determine the mental fitness of the declarant and the voluntary nature
of the statement.

Koll Chunilal Savji v. State of Gujarat: Emphasized that the proof of a

dying declaration hinges on its truthfulness and voluntariness.
Dinesh Seth v. State of NCT of Delhi (2008): Addressed the scope of
Sections 498A and 304B IPC, distinguishing their applications.

Sangaraboina Sreenu v. State: Discussed the conviction for offenses

not specifically charged under CrPC Sections 221 and 464.

K. Prema S. Rao & anr v. Yadla Srinivasa Rao & Others (2003):
Clarified that the omission of charges does not preclude conviction if
the evidence supports culpability.

These precedents collectively strengthened the Court's stance on

accepting dying declarations in the context of dowry deaths,
especially when corroborative evidence is scant or non-existent due to
uncooperative witnesses.

Challenges in Relying on Dying Declarations

Risk of False Implication:
Family members may coerce the victim to falsely accuse the
husband/in-laws.
Physical and Mental State:
Pain or medication may impair the victim’s ability to give a coherent
account.
Procedural Lapses:
Failure to involve a magistrate or certify mental fitness weakens
evidentiary value.
Societal Pressures:
Victims may avoid blaming spouses due to fear or familial loyalty.
Strategic Use of Dying Declarations
• For Prosecution:
Use the declaration to trigger the presumption under Section 118 BSA
and shift the burden to the accused.
Combine it with evidence of prior dowry complaints or witness
testimonies.
• For Defense:
Challenge admissibility by highlighting procedural flaws (e.g., lack of
magistrate certification).
Prove inconsistencies between the declaration and medical/forensic
evidence.

Conclusion

A dying declaration is a powerful but not infallible tool in dowry

death cases. While it can form the sole basis for conviction if credible,
courts rigorously assess its reliability, voluntariness, and consistency
with other evidence. The interplay between Section 80 BNS and
Section 118 BSA ensures that a dying declaration, when combined
with the statutory presumption of guilt, significantly strengthens the
prosecution’s case. However, its conclusiveness ultimately depends on
judicial scrutiny of the facts and circumstances. Legal practitioners
must ensure strict compliance with procedural safeguards to
maximize its evidentiary value.

A dying declaration is undoubtedly a powerful piece of evidence in

dowry death cases, reflecting the victim’s final account. However,
under Indian law, it is **not conclusive proof on its own**. Its
evidentiary value is contingent upon the reliability of the declaration,
the context in which it was made, and its corroboration with other
evidence. Courts will always take a holistic approach, ensuring that
the final verdict is based on a comprehensive analysis of all the
available facts and evidence.

This structured analysis demonstrates that while dying declarations

are highly significant, they form part of a larger body of evidence
required to establish the elements of a dowry death beyond a
reasonable doubt.