What is a dying declaration, and when can it be set aside?

What is the News?

A special CBI court convicted two policemen and awarded them life sentences for the custodial death of a murder accused who was burnt alive inside a police station. The judgment relied heavily on the ‘dying declaration’ made by the victim prior to his death.

What is the Dying Declaration?

• The Dying Declaration is the statement of a person who had died explaining the circumstances of his death.
• A dying declaration is considered credible and trustworthy evidence, based upon the general belief that most people who know that they are about to die, do not lie.
• Section 32 of the Indian Evidence Act deals with the cases related to that person who is dead or who cannot be found.

Who can record dying declarations?

• Anyone can record the dying declaration of the deceased as per law. The law does not compulsorily require the presence of a Judicial or Executive Magistrate to record a dying declaration.

Do dying declarations always need corroboration?

• A dying declaration can form the sole basis of conviction. The rule requiring corroboration is merely a rule of prudence.
• Several judgments have noted that it is neither rule of law nor prudence that a dying declaration cannot be acted upon without corroboration.
• If the court is satisfied that the dying declaration is true and voluntary, it can base conviction on it, without corroboration.
• But the court has to scrutinise the dying declaration carefully and must ensure that the declaration is not the result of tutoring, prompting, or imagination.