INTRODUCTION
When someone has been sexually assaulted, the situation is obviously very serious and fighting for justice can even be a battle. The trauma of the crime itself frequently keeps victims from coming forward to report it, and even then, prosecution can be difficult. In such instances, a dying declaration by the victim comes like a blessing, providing a voice where there is likely silence. In this blog, we focus on the law related to a dying declaration in rape prosecutions, its relevance, admissibility, and limitations for inferring similar situations, which contribute towards making conviction easier.
MEANING
A statement of dying declaration is made by a person who believes they are about to die, concerning the cause or circumstances of their demise. Under common law, such statements are considered dependable because it is believed that the person has no incentive to lie at the brink of death. This principle is summarized in the Latin maxim “nemo moriturus praesumitur mentiri”, meaning “a man will not meet his maker with a lie in his mouth.”[1]
CHARACTERISTICS OF DYING DECLARATION
- Dying declaration is the exception to the rule of hearsay evidence. Section 60 of the IEA
- It is not required that the dying declaration be relevant only in a specific kind of proceeding. The proceedings may be civil as well as criminal.
- There is no hard-and-fast rule in law that says a dying declaration cannot be followed if it is supported by additional, independent evidence.
REQUIREMENTS FOR ADMISSIBILITY
For a dying declaration to be admissible in a court of law, it must fulfil some requirements:
- Expectancy of Death[2]: The declarant must trust that death is imminent and unavoidable.
- Relevance of the Cause of Death[3]: The statement must directly relate to the situations leading to the death of the declarant.
- Voluntariness[4]: The statement must be made willingly, without coercion or prompting.
- Clarity and Consistency[5]: The declaration should be clear, consistent, and free from ambiguities.
LEGAL PROVISIONS
Section 32(1) of the Indian Evidence Act, 1872[6]
In India, the legal basis for dying declarations is encapsulated in Section 32(1) of the Indian Evidence Act, 1872. This section states:
- “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:
- When a statement is made by a person as to the cause of his death or as to any of the circumstances of the transaction that resulted in his death, in cases in which the cause of that person’s death comes into
(This clause applies when the cause of death is being investigated by the court. Statements made by the victim prior to death about the details of the assault and the identity of the perpetrator are admissible in court in cases of rape that result in the victim’s death.)
Critical considerations:
The Indian judiciary has constantly upheld the relevancy of dying declarations in rape cases, provided they meet certain criteria of reliability[7] and authenticity. Some of the key considerations are as follows:
- Voluntary & Free from Influence: The declaration must be made voluntarily or without any compulsion or In Ramachandra Reddy and Ors. v. The State of Maharashtra (1977)[8], the Supreme Court emphasized that a dying declaration must be voluntary and truthful, ensuring that the declarant was in a fit state of mind to make the statement.
- Sanity: The mental and physical state of the victim’s mind at the time of making the declaration is vital. In K. Ramachandra Reddy v. Public Prosecutor (1976)[9], the court held that the declarant must be in a position to make a coherent statement, and medical certification of their fitness is often considered necessary.
- Consistency & Corroboration: While dying declarations need not be corroborated, inconsistencies can undermine their credibility. In Laxman v. State of Maharashtra (2002)[10], the Supreme Court ruled that minor discrepancies do not render a dying declaration unreliable, but major inconsistencies may necessitate further scrutiny.
SPECIAL CONSIDERATIONS IN RAPE CASES
Victim’s Trauma and Statement – In rape cases, the victim’s physical and mental shock can significantly influence their ability to make a coherent and detailed dying declaration. Courts often ponder the nature of injuries and the extent of shock while assessing the reliability of the declaration.
Child Victims – In cases involving minor victims, the court exercises greater attention. The statement of a child, especially under severe trauma, is examined with a higher degree of vigilance to ensure its legitimacy.
DYING DECLARATIONS AND RAPE VICTIMS
Now that we’ve got detailed information regarding Dying Declaration, the writer of this blog would like to shift attention to the relevance of the Dying Declaration for a rape victim. In India, rape is considered as one of the most frequent crimes committed against women. The shocking statistics on rape in India are worth looking at.
According to the statistics in India, women are raped every 16 minutes[11] and it is even more shocking that an estimated 99.1% of sexual violence cases go unreported.[12] Though there are numerous provisions in the legal system of India that deal with the penalization of this offence, they haven’t added much to the reduction in the number of rapes in India.
Talking about the role of the Dying Declaration in rape cases, they play a huge role.[13] The rape victim may make this statement orally, in writing, or even through gestures, and if this statement passes the test of scrutiny, this dying declaration given by her can be the sole basis of the conviction of the accused. The rape victim made this statement, which typically needed to be made in front of a magistrate. However, if the victim is critically ill after being admitted to the hospital, the doctor can record the victim’s dying declaration without waiting for the magistrate.
CHALLENGES AND CRITICISMS
Despite its importance, dying declarations are not without criticisms. The primary concerns include:
Possibility of Manipulation of Statement: There is always a jeopardy in which dying declarations can be manipulated, specifically in cases where the victim is bound by interested parties who may influence their statement.
Psychological and Physical State: The declarant’s psychological and physical condition at the time of making the statement is vital. Courts should ensure that the victim is capable of understanding and articulating their experiences without any impairment or inability.
Lack of Corroboration: While dying declarations do not require corroboration, their dependability can be questioned in the absence of supporting evidence. Courts often face the dilemma of harmonizing the principle of accepting a dying declaration at face value with the need for corroborative evidence to guarantee justice.
CONCLUSION
- Dying declarations play a crucial role in the judicial process, specifically in heinous crimes like rape and murder. While the legal system of India recognizes the importance of these declarations under Section 32(1) of the Indian Evidence Act, 1872[14], the courts exercise stringent scrutiny to ensure their reliability. The provisions laid down by various judicial decisions highlight the need for corroboration, the mental and physical fitness of the declarant, and the absence of external influence.
- The harmonizing act between upholding the victim’s last words and ensuring a fair trial for the accused underlines the complexity of relying on dying declarations in rape cases. As legal interpretations continue to develop, the judiciary remains vigilant in protecting the principles of justice, ensuring that the dying declarations are accorded the due weight they deserve without compromising the rights of the accused.
Author(s) Name: Deepanshu Tembhre (Kalinga University, Raipur, Chhattisgarh)
Reference(s):
[1] HP Gupta, law relating to confession and dying declaration, Dwivedi and Company, 2006
[2] S.N. Mishra, Law of Evidence (23rd edition, Central Law Publications 2018) pg. 548-550
[3] K.N. Chandrasekharan Pillai, Ratanlal & Dhirajlal’s The Law of Evidence (25th edition, LexisNexis 2017) 439-442
[4] Deshpande SV, ‘Assessing the Voluntariness of Dying Declarations’ (2021) Legal Insights Monthly 28
[5] Singh A, ‘The Clarity and Consistency of Dying Declarations: A Judicial Perspective’ (2022) 15(4) National Law Review 78
[6] Indian Evidence Act 1872, s 32(1)
[7] State of Punjab v Gian Kaur (1998), 2 SCC 648
[8] Ramachandra Reddy and Ors. v The State of Maharashtra, AIR 1977 SC 497
[9] K Ramachandra Reddy v Public Prosecutor, AIR 1976 SC 1994
[10] Laxman v State of Maharashtra (2002) 6 SCC 710
[11] ‘NCRB’s Report Reveals a Rape Happens Every 16 Minutes in India; UP Tops List of Crimes Against Women’ The Economic Times (12 October 2020) https://economictimes.indiatimes.com/news/politics-and-nation/ncrbs-report-reveals-a-rape-happens-every-16-minutes-in-india-up-tops-list-of-crimes-against-women/videoshow/78440875.cms\ accessed 3 August 2024.
[12] Juris Centre, ‘Analysis on the Offence of Rape in India’ (Juris Centre, 13 October 2023) https://juriscentre.com/2023/10/13/analysis-on-the-offence-of-rape-in-india/#_ftn1 accessed 3 August 2024.
[13] State of Maharashtra v. Chandrabhan Tale 1983 AIR 803
[14] Indian Evidence Act 1872, s 32(1)
