Recording Of Dying Declaration
Sometimes Magistrates are required to record the statement of a person who is in imminent danger of death. On receiving a requisition to record a dying declaration, the Magistrate should at once proceed to the hospital where the said person is being treated.
The principle on which the dying declaration is admitted is indicated by the Maxim of the LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. – nemo moriturus proesumitur mentiri – a man will not meet his Maker with a lie in his mouth. The statements 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 are relevant whatever may be the nature of the proceeding in which the cause of the death of the person who made the statement comes into question.
On reaching the hospital, the Magistrate should verify the particulars of the person who is expected to give the declaration. Then he should inform the intended declarant that he is a Magistrate and that he would record the declaration. The name and other particulars should be noted as given by the declarant.
While recording a dying declaration, the Magistrate shall keep in view the fact that the object of such declaration is to get from the declarant the cause of probable death or the circumstances of the transaction which may result in death. Before taking down a declaration, the Magistrate may put some simple questions to elicit answers from the declarant with a view to know his state of mindConciousness Through it, a living being exists. It exists even at the molecular level. Mind is not able to control it. The mind is an internal organ that exists separate from consciousness. The mind (depending on bio-electricity) can not work without memory and information, but consciousness can. Dreams come from consciousness. Read: Mind is man., and record every question put to the declarant and every answer given in reply. The recording should be in the Form of questions and answers. As far as practicable, the declaration should be recorded in the exact words of the declarant It should be ipsissima verbs of the person making it.
It should be a complete record conveying the whole of what the declarant wished or intended to say. It has to be recorded carefully. When the declarant is not able to speak, his dying declaration made by signs or gestures in response to questions, should be meticulously recorded. In such cases, the record should show the question put and the nature of the signs made in reply. The record should be so complete as to avoid all scope of misapprehension.
The Magistrate should also note the patient’s condition, the manner of making the statement, and also, the persons, if any, near the patient. After completing the recording, the statement must be read over and explained to the deponent and his signature or mark obtained thereon, if possible. Then the Magistrate should append a certificate stating that he has recorded the whole statement truly and correctly and that it has been read over and explained to the deponent who admitted it to be correct It shall also be signed, wherever possible, by the Medical Officer concerned, who will clarify with regard to the state of mind of the declarant In cases where the accused has been already arrested and committed to judicial custody and is readily available, it will be proper that the dying declaration be recorded, so far as the circumstances may permit, in his presence and he may be allowed to put questions, if necessary.
Value of Dying Declaration: – It is not possible to lay down any hard and fast rule when a dying declaration should be accepted, (i.e., acted upon) or not, beyond saying that each case must be decided in the light of the other facts and the surrounding circumstances. The Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of USA (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network on a review of the relevant provisions of the EvidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 Act and the decided cases in different High CourtsHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. has ruled [AIR 1958, SC 22 and AIR 1970, SC 1566]
1- that it cannot be laid down as an absolute rule of lawRule of Law It demands equality and accountability for all individuals under clear and predictable justice. This principle applies to both people and the State, emphasizing the need for transparency and openness in decision-making. The European Commission has the role of ensuring respect for the rule of law, as well as upholding EU values and principles. This fundamental value forms the basis of the European Union's foundation, requiring all, including government officials, to be subject to the law, under the control of independent and impartial courts. that a dying declaration cannot Form the sole basis of conviction unless it is corroborated;
2. that each case must be determined on its own facts keeping in view the circumstances in which the dying declaration was made ;
3. that it cannot be laid down as a general proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence ;
4. that a dying declaration stands on the same footing as any other piece of evidence and has to be judged in the light of surrounding circumstances and with reference to the principles governing the weighing of evidence ;
5. that a dying declaration which has been recorded by a competent Magistrate in the proper manner, that is to say, in the form of questions and answers, and as far as practicable, in the words of the maker of the declaration, stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of humanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property. memory and human character ; and
6. that in order to test the reliability of a dying declaration, the Court has to keep in view the circumstances like the opportunity of the dying man for observation, for example, whether there was sufficient light if the crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. was committed at night; whether the capacity of the man to remember the fads stated has not been impaired at the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) he was making the statement by circumstances beyond his control ; that the statement has been consistent throughout if he had several opportunities of making a dying declaration apart from the official record of it ; and that the statement had been made at the earliest opportunity and was not the result of tutoring by interested parties.