Relevancy of statement as to cause of death (Section 30 BSA)

Section 30 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which deals with statements made by persons who are dead or cannot be found, specifically addresses the relevancy of dying declarations.

Conditions for admissibility of dying declaration

• Relevancy: A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, is relevant if the person was, at the time of making the statement, under the impression that his death was imminent, and that he therefore gave up all hope of life.

• Key Conditions: For a dying declaration to be admissible, the following conditions must be met:

  1. Made by the Deceased: The statement must have been made by the victim who has since died.

  2. Relates to Cause of Death: The statement must concern the cause of death or the circumstances directly leading to the death.

  3. Imminent Death: The person making the statement must have been under the belief that death was imminent and had no hope of survival. This is a crucial factor to ensure the statement is truthful, as the law presumes that a person on the brink of death speaks the truth ("nemo moriturus praesumitur mentiri" - a dying man is not presumed to lie).

  4. Voluntariness: The statement must be voluntary and not made under any inducement, threat, or promise, or due to tutoring or prompting. The court must be satisfied that the statement was made freely.

  5. Absence of Witness: The person making the statement must be dead or unable to be called as a witness.

• Form of Statement: The statement can be oral or in writing, or even in the form of gestures, provided the person making it was capable of communicating.

Weight to be attached to dying declarations

While dying declarations are admissible, their evidentiary value is subject to careful scrutiny by the courts.

Corroboration

• Not Mandatory: Corroboration of a dying declaration is not legally mandatory for a conviction.

• Court's Discretion: The court may convict solely on the basis of a dying declaration if it is found to be reliable and voluntary. However, the court often seeks corroboration from other evidence, especially if there are doubts about the dying declaration's reliability.

• Purpose of Corroboration: Corroboration can come from medical evidence, other witnesses, circumstantial evidence, or other documentary evidence that supports the dying declaration.

Reliability

The reliability of a dying declaration depends on several factors:

• Voluntariness: Was the statement made voluntarily without coercion?

• Clarity: Was the statement clear and unambiguous?

• Competency of Maker: Was the person making the statement capable of making it? (e.g., not delirious, conscious).

• Time of Statement: Was the statement made when death was genuinely believed to be imminent?

• Consistency: Is the statement consistent with other evidence in the case?

• Medical Opinion: The opinion of the medical practitioner regarding the victim's state of mind and the cause of death is highly relevant.

• Recording Process: How was the statement recorded? Was it by a Magistrate, a police officer, or a doctor? The credibility of the recorder also matters.

Courts critically assess these factors to determine the weight to be given to a dying declaration.

Relevancy of statements made in the ordinary course of business (Section 31 BSA)

Section 31 of the BSA addresses the relevancy of statements made by individuals in the ordinary course of business, provided they are dead or cannot be called as witnesses.

Entries in books of account, etc.

• Relevancy: A statement made by such a person in the ordinary course of business, relevant to the matter at hand, is admissible.

• Conditions:

  • The statement must have been made in the ordinary and regular course of business.

  • The person making the statement must be dead or unable to be called as a witness.

  • The statement must relate to a fact in issue or a relevant fact.

• Examples:

  • Entries in account books made by accountants.

  • Records of sales or deliveries made by shopkeepers or delivery personnel.

  • Business correspondence or minutes of meetings.

  • Entries in a hospital register by medical staff regarding a patient's condition.

• Purpose: These statements are considered reliable because they are made in the normal discharge of professional duty, without a motive to misrepresent or falsify.

Statements in public documents relating to existence of any right or custom (Section 36 BSA)

Section 36 of the BSA deals with the relevancy of statements contained in public documents concerning rights or customs.

• Relevancy: When any public right or custom is in question, statements in documents like published books, maps, or charts relating to the right or custom, or made by persons likely to know it, are relevant.

• Conditions:

  • The statement must relate to a public right or custom.

  • It must be contained in a public document (e.g., government gazette, published maps, historical records).

  • The person who made the statement must be dead or unable to be called as a witness.

  • The statement should have been made before the dispute arose.

• Examples: Gazette notifications about public rights of way, ancient maps showing property boundaries, inscriptions on public monuments.

• Purpose: To establish historical rights and customs where direct contemporary evidence may be unavailable.

Entries in public record, made in performance of duty (Section 37 BSA)

Section 37 of the BSA addresses the relevancy of entries in public records made by public servants in the discharge of their official duties.

• Relevancy: Entries in any public record, made in the performance of a duty specially enjoined by the law of the country in which such record is kept, are themselves relevant facts.

• Conditions:

  • The entry must be in a public record.

  • It must have been made by a public servant in the performance of an official duty.

  • The duty must be specially enjoined by law.

• Examples: Birth and death registers, land revenue records, FIRs, court judgments, police station diaries.

• Purpose: These records are considered reliable due to the official duty and public accountability associated with their creation.

Statements in maps, charts or plans, showing the course of a river, etc. (Section 38 BSA)

Section 38 of the BSA deals with the relevancy of statements found in maps, charts, or plans.

• Relevancy: Statements of facts in issue or relevant facts, made in published maps or charts which are made and published under the authority of Government, or on Government Gazettes, or purporting to be recognised by public general usage, as relevant thereto, are themselves relevant facts.

• Conditions:

  • The statement must be in a map, chart, or plan.

  • It must relate to facts in issue or relevant facts.

  • The map or chart must be published under the authority of Government or recognised by public general usage as relevant to the facts.

• Examples: Maps showing boundaries of states or districts, charts showing courses of rivers or geological features, plans of cities or towns.

• Purpose: These documents are considered reliable sources of geographical and topographical information relevant to legal disputes.