Dying Declaration In India: Atbir Vs. Govt. Of N.C.T. Of Delhi

Alind Gupta, University of Petroleum and Energy Studies (UPES)

ABSTRACT

Section 32 of the Indian Evidence Act contains law on the admissibility of dying declaration in India. The admissibility of dying declaration rests upon two principles: necessity and sanctity attached to the words of a dying person. The present paper looks at the judicial decisions on this provision with special focus on the judgment titled ‘Atbir vs. Govt. of N.C.T. of Delhi’ in which the Supreme Court laid down the rules of admissibility of dying declaration besides clarifying its evidentiary value. The Court held that in certain situation dying declaration can be the sole basis for conviction. While it is crucial to respect the legislative mandate as enshrined in Section 32, statements, the courts must be very cautious while dealing with dying since huge weight is given to such declaration keeping in view the rights of the accused in a criminal justice system. As there is no oath or cross examination in the case of dying declaration, the court must be fully satisfied with respect to the contents and manner in which the dying declaration was made.