Dying Declaration in the Light of PLJ 2022 Cr.C. 186

Know the law and essentials of Dying Declaration in light of QSO, CrPC, High Court & Police Rules, and leading judgments. And it’s evidentiary value

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Dying declaration means a statement of a person who is under apprehension of death and states the circumstances of occurrence which result his death.

SHARING IS CARING

Article 46(1), of Qanun-i-Shahadat Order, 1984

This rule is well acknowledged under Article 46(1) of Qanun-e-Shahdat Order, 1984. This Article provides that any statement, either written or verbal, relating to relevant facts by a person who is dead is itself a relevant fact when it relates to the cause of death of such person or to any of the circumstances of the transaction which resulted in his death. Qanun further states that such a statement is relevant in a case in which the cause of that person’s death comes into question, whether the person was under the expectation of death or not. Qanun adds that such a statement is a relevant fact even whatever may be the proceeding in which the cause of his death comes into question.

Procedure of Recording Dying Declaration in QSO

Although Qanun discusses the statement of a dying person, it does not state any procedure or formalities to record a declaration. It is notable also that the words "dying declaration" are never mentioned anywhere in Qanun.

Procedure of Dying Declaration in Police Rules

To understand the formal requirements for recording a dying declaration, recourse may be made to the Police Rules, 1934.

In rule 21 of Chapter 25, Volume III, the following guiding principles can be found:

Whenever it is possible, a dying declaration shall be recorded by a Magistrate.
If possible, the person making such declaration shall be examined by a Medical Officer for the purpose that he is sufficient in possession of his reason to make a lucid statement.
If recording of the dying declaration is not possible by a Magistrate, then any Gazetted police officer may record it.
The declaration must be recorded in the presence of two or more reliable witnesses having no connection with the police department and parties of the case.
If no such witnesses are available, then the declaration may be recorded in the presence of two or more police officers.

Dying Declaration in Rules & Orders of Lahore High Court Lahore

In rule 8, Chapter 12 of Volume III, Rules and Order of Lahore High Court, Lahore, the topic is attended to the extent that Section 162 of Code of Criminal Procedure is not applicable to a dying declaration. While considering this rule, the following points can be ascertained by exclusion of Section 162, Cr.P.C:-

Evidentiary Value

Qanun and High Court Rules are silent regarding its evidentiary value, but there are some citations which are helpful to understand this. In a case cited in PLJ 2019 C.r.C. 781, it was held by August Peshawar High Court that a dying declaration is the weakest type of evidence which needs corroboration through confidence-inspiring evidence, and no conviction can be passed on the sole basis; it would be against the norms and principles of the administration of the criminal justice system. In another citation PLJ 2019 C.r.C. 1011, Hon’ble Lahore High Court decides that the statement of a dying person is like a statement of an interested witness which demands deep scrutiny, and as being the weakest type of evidence, it needs strong corroboration.

Important Note

Needless to mention here that the declarant must qualify to be a competent witness under Article 3 of Qanun. It is also important to understand that in case the declarant survives, then it is not a dying declaration, although it would be relevant under Article 153 of Qanun for corroboration. Further, to understand that a dying declaration is an exception to a rule that hearsay evidence is no evidence.

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