DYING DECLARATION: PRINCIPLES
On 15 May, 2024, the Hon’ble Supreme Court in a case of Rajendra S/O Ramdas Kolhe v. State of Maharashtra, 2024 INSC 422, laid down the principles relating to dying declaration.
Issue before the court was related to the dying declaration, whether dying declaration can be the sole basis for conviction without any corroboration?
I. Not an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated;
II. Every must be determined on its own facts, keeping in view the circumstances in which the dying declaration was made;
III. No general proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence;
IV. A dying declaration stands on the same footing as another piece of evidence. It has to be judged in the light of surrounding circumstances and with reference to the principles governing weighing of evidence;
V. A dying declaration which has been recorded by a competent Magistrate in the proper manner stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character;
VI. In order to test the reliability of a dying declaration, the court has to keep in view various circumstances including the condition of the person concerned to make such a statement; that it has been made at the earliest opportunity and was not the result of tutoring by interested parties.
Supreme Court: Law relating to dying declaration is now settled: “Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without any corroboration. However, before accepting such a dying declaration, court must be satisfied that it was rendered voluntarily, it is consistent and credible and that it is devoid of any tutoring. Once such a conclusion is reached, a great deal of sanctity is attached to a dying declaration and as said earlier, it can form the sole basis for conviction.”
