Difference Between Dying Declaration and Dying Deposition

In legal proceedings, the concepts of dying declarations and dying depositions play a significant role, particularly in cases involving the death of an individual under suspicious or criminal circumstances. These two terms, though seemingly similar, have distinct differences and are governed by specific legal requirements and procedures.

Dying Declaration

A dying declaration is a statement made by a person who believes they are about to die, concerning the cause or circumstances leading to their imminent death. According to Section 32, Clause (1) of the Indian Evidence Act, a dying declaration is considered a relevant fact under certain conditions.

Requirements of a Dying Declaration

The Indian Evidence Act outlines specific requirements for a dying declaration to be admissible in court:

1. Oral or Written Statement: The statement made by the deceased can be either oral or written. In some cases, it can also be conveyed through signs and gestures, depending on the physical condition of the person making the declaration.
2. Cause of Death: The statement must pertain to the cause of the declarant’s death or any circumstances directly related to the transaction that resulted in their death. It should not cover incidents irrelevant to the cause of death.
3. Circumstances of the Transaction: The statement should be related only to the circumstances of the transaction that led to the deceased’s death. Statements that are remote or have no direct nexus to the cause of death are not considered valuable.
4. Resulted in Death: The statement should clearly indicate the cause and circumstances that led to the declarant’s death or would ultimately result in their death.

Illustrations of Dying Declarations

To better understand the concept, let’s consider some illustrations:

• A person who consumed poison due to heartbreak may tell their father about the reason for their suicide. If this statement is later conveyed to the police and the autopsy report confirms the cause of death, this statement, made by the father, can be admissible in court as a dying declaration.
• In another scenario, a woman burned by her father-in-law may be admitted to the hospital. Initially, she may not be in a condition to make a statement. However, if she later recovers sufficiently to speak and a magistrate records her statement in the presence of the accused’s lawyer, this becomes a more formal and structured record of her dying declaration.

Dying Deposition

A dying deposition is a more formalised version of a dying declaration, recorded in the presence of a magistrate and the accused’s lawyer. This method ensures a higher degree of reliability and allows for cross-examination, making it more valuable as evidence in court.

Illustration of Dying Deposition

Consider a case where a woman is burned by her father-in-law. Initially, she is unable to give a statement. However, once her condition improves, a magistrate, along with the accused’s lawyer, records her statement. This recorded statement is a dying deposition and holds significant evidentiary value due to the formal process and presence of legal representation.

Key Differences Between Dying Declaration and Dying Deposition

Oath

In a dying deposition, the statement is given under oath, whereas a dying declaration does not require an oath.

Cross-Examination

A dying deposition allows for the cross-examination of the witness by the accused’s lawyer, providing an opportunity to test the credibility of the statement. In contrast, a dying declaration does not permit cross-examination.

Recorded by Whom

A dying declaration can be recorded by any person, including a doctor, police officer or magistrate. However, a dying deposition must be recorded by a magistrate in the presence of the accused or their lawyer.

Applicability

Dying declarations are widely applicable in India, whereas the concept of a dying deposition is not explicitly provided for in Indian law but is followed in practice for its higher evidentiary value.

Evidentiary Value

A dying deposition holds more weight and is considered superior in evidentiary value compared to a dying declaration due to the formal procedures involved.

Dying Declaration vs. Dying Deposition

Conclusion

Both dying declarations and dying depositions play critical roles in legal proceedings, particularly in cases of unnatural death. While a dying declaration is a more flexible and informal statement that can be made to any person, a dying deposition involves a formal process with legal oversight, enhancing its reliability and value in court. Understanding the differences between these two concepts is essential for legal practitioners and those involved in the judicial process, as they navigate the complexities of evidence and testimony in cases involving the deceased.

The Indian Evidence Act provides a robust framework for admitting dying declarations, ensuring that the last words of a person on their deathbed are given due consideration. However, the formalised process of a dying deposition offers a higher standard of proof, safeguarding the interests of justice by allowing for cross-examination and the presence of legal authorities during the recording of the statement.