Exploring the Types of Dying Declarations: Oral, Written, and Conduct


Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to Dying Declarations. In today’s blog post, we aim to shed light on the prevailing issues surrounding Dying Declarations, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. 

Meaning of Dying Declarations

It refers to a statement made by an individual in the throes of death, delineating the circumstances that led to their demise. This declaration, whether communicated orally, in writing, or through conduct, possesses legal significance and is deemed admissible as evidence in a court of law.

Language Considerations in Dying Declarations

Recording in the Deceased’s Language

In the context of dying declarations, the language in which the statement is recorded holds significance. Ideally, it should be in the language of the deceased, ensuring fluency and comfort. However, the court emphasizes that the language chosen, even if Urdu, Hindi, or Punjabi, cannot be the sole basis for rejecting the dying statement.

Cross-Language Recording Caution

When a dying declaration is made in a language like Urdu, and the magistrate records it in English, precautions must be taken. The court stipulates that every statement should be carefully explained to the deceased by another person to maintain the validity of the dying declaration.

Statements in Multiple Languages

Basis of Conviction: Multiple Languages

In situations where dying declarations are recorded in different languages, such as Marathi and Hindi, and the deceased is proficient in both, the statements remain admissible and can serve as a basis for conviction. This precedent was established in the case of Amar Singh Munna Singh Suryavanshi v. State of Maharashtra.

Points to Remember Regarding Language

  1. Language Flexibility in Dying Declarations:
  • Dying declarations are not restricted to any specific language; they can be recorded in the language most familiar to the deceased.

2. Precautions for Cross-Language Recordings:

  • When the magistrate records a statement in a language different from the declarant’s, it is crucial to take precautions. Each aspect and phrase should be explained to ensure accuracy.

3. Court’s Stand on Language Grounds:

  • The court maintains that the language in which a dying declaration is made should not be a reason for denial or dismissal. The focus is on the content and context of the statement.

Reliability of Multiple Dying Declarations

In cases involving multiple dying declarations, the Supreme Court of India underscores the admissibility without corroboration, emphasizing the importance of consistency among statements. Contradictions, however, prompt the court to scrutinize facts and statements from other witnesses to ascertain truth and sanctity.

Key Considerations for Multiple Dying Declarations

Understanding the nature of multiple dying declarations is critical. The court emphasizes the need for regularity among statements and suggests the examination of facts or witnesses if inconsistencies arise among the declarations.

The Reliability of Consistent Multiple Dying Declarations

The Supreme Court affirms the reliability of multiple dying declarations without corroboration when consistency prevails throughout the statements. In instances of inconsistency, cross-examination of other witness statements becomes necessary for determining the truth in criminal trials.

The expectation of Death Not a Prerequisite

Unlike English Law, the Indian Evidence Act does not necessitate an expectation of death for a dying declaration to be relevant. Statements made even before the cause of death can be admitted as long as they explain the circumstances leading to the death.

F.I.R as a Circumstantial Dying Declaration

In situations where a person dies after lodging an F.I.R. stating their life was in danger, the F.I.R. is relevant and can be recorded as a circumstantial dying declaration. The court, in Munnu Raja and another v. State of M.P., affirms its admissibility under Section 32 of the Indian Evidence Act.

Declarant Still Alive After Dying Declaration

Addressing a unique scenario, if the declarant survives after a dying declaration is recorded, the deceased may become a witness against the accused. The term “dying” in the declaration does not negate its effect, requiring an expectation of death at the time of recording.

Critique of the Dying Declaration Doctrine

Since the nineteenth century, critics have raised concerns about the credibility of dying declarations. The defense, in a Wisconsin Supreme Court case, challenges the reliability of such evidence, citing physical or mental weakness, self-vindication, and absence of cross-examination as factors undermining its validity.

Unveiling the Legal Significance of Dying Declarations in India

Introduction: Dying declarations, crucial in legal proceedings, become admissible evidence in Indian courts under specific conditions. This article explores the nuances of their admissibility, requirements, and distinctions between Indian and English law.

Distinction between Indian and English Law:

Under English law, a dying declaration requires the declarant to be in actual danger of death, fully aware of impending death, and the death must have occurred. In contrast, Indian law, as per Section 32 of the Evidence Act, doesn’t mandate an expectation of immediate death or limit its application to homicides.


Encompassing the legal framework defined by the Indian Evidence Act and delving into the intricate types of declarations, the exploration extends to encompass criteria for admissibility and reliability. Shedding light on the individuals authorized to record dying declarations, including doctors, police officers, and magistrates, the Supreme Court’s perspective adds an authoritative layer to the discussion. The criteria for recorders, whether they are regular individuals or professionals, emphasize the pivotal role of the declarant’s mental state.

We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to the  Indian Evidence Act 1872.

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