Dying Declaration means a statement written or oral of relevant facts made by a person who is dead. It is enumerated under section 32(1) of Indian Evidence Act, 1872. It is related to the cause of death of declarant. It is considered as one of the credible and trustworthy evidence based upon belief that most people know that they are about to die do not lie. It is an exception to the hearsay rule.

The importance of dying declaration is based on the maxim “nemo mariturus presumuntur mentri” which means truth sits upon the lips of a dying man. It does not require any corroboration as long as it inspires confidence in the mind of the judge and it is free from any form of tutoring. It has to be judges in the light of surrounding circumstances. A person who makes the statement must, however, be competent at the time he or she makes a statement otherwise, it is inadmissible.

The three main grounds on which the declarations are admitted are –

• Death of the declarant,
• Necessity: the victim is generally the only eye- witness of the crime and exclusion of his statement would lead to grave injustice.
• Nemo Mariturus Presumuntur Mentri – no one when about to die is presumed to lie.

The distinction between English law and Indian law:

Under the English law it is essential that the person making statement must be under anticipation of death whereas under Indian law it is not necessary for the admissibility of dying declaration that the deceased at the time of making the statement should have been under expectation of death.