'Nemo moriturus praesumitur mentire'
The Latin maxim Nemo Moriturus praesumitur mentire means one who is about to die has no reason to lie, The Dying Declaration is based on this maxim. Statement giving just before the death of a person is called Dying Declaration and this statement treated as evidence in Course of law. Dying Declaration is a statement made by a person while he was a dying stage and tell the reason of his death. Person who has 100% Burn injuries does not mean he was incapable of making dying declaration when the doctor had certified him to be in fit state of mind to make the Dying Declaration stated by Supreme Court in case of Purshottam chopra & Anr. V. State.
A statement is made when he or she is at the last stage of life or there is no hope of recovery that statement is known as Dying Declaration.
The Definition of Dying Declaration is given under Section 32 (1) of Evidence Act. 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 which the causes of that person's death comes into question. It is the fact that the person who is dying stage can never lie, that the man will not meet his maker with lying on his mouth.
The Dying Declaration must relates to the cause of death or any of the circumstances which has resulted to death.
There is no specific form to make the Dying Declaration it can be Written, Oral or Gesture and Signs as well and it can also in Question - Answer form. If the person is not able to speak but in conscious and able to write or make gestures and signs then that statement recorded as a Dying Declaration.
The Dying Declaration is recorded in any language, The Court cannot reject the dying declaration on the grounds of language in which the dying declaration is made. When it produced in course of law precaution should be taken while explaining every statement of dying declaration in another language.
But what if declarant does not die, at that time the statement holds the same effect, the deceased call as a witness against the accused and ask him the actual fact. Under section 164 of Criminal Procedure Code magistrate gets the power to record the statement of dying person.
It is best way that the dying declaration is recorded by the magistrate but if it is not possible to call magistrate then it can be recorded by anyone i.e. Doctor, Police or any other person can record it. Law has not giving the way or indicated who is competent or who is incompetent to record Dying Declaration. If magistrate had not record the statement at that time then signature were taken of the witnesses who are present at the time of recording it. There must be enter date and time as well. It should be sealed and kept in envelop.
There are some essentials to make the Dying Declaration. There is no any specific format to make the Dying Declaration also there is no prescribed competency to make the dying declaration but there are some essentials for recording the Dying Declaration.
A dying declaration is proved by the person who recorded it and witnesses who are present over there at the time of recording it. If the dying declaration is made by declarant himself at that time it will send to the handwriting expert to clarify it. If the original Dying Declaration may Lost or Destroy then it will proved by secondary evidence.
A Dying Declaration is an important evidence, but the dying declaration must fair, reasonable and truthful. If the dying declaration recorded by public servant and he is illiterate or the officer has not understating the local language the value of such declaration is again questionable.
