The Hindu Business Line : <I>Dying declarations </I>

The Supreme Court recently (Indian Express New Delhi edition dated September 8) held that the dying man's declaration can be taken at its face value if it is to the satisfaction of the Court. The rationale for the faith in a dying man's declaration is nemo moriturus proseumitur mentiri, meaning a man will not meet his maker with a lie in his mouth. Maybe the dying man does not lie but the living ones do.

Death is so final and irrevocable that there is no question of examining the dead. The police invariably rely on the narration of the ones who were by the side of the deceased when he breathed his last. Any contradiction in the versions of the two or more who were privy to the last utterances of the deceased would render his declaration susceptible to doubt.

Even if only one was privy to such utterances, there is no guarantee that he would not doctor the dying declaration to suit his own needs and convenience. Alas, human beings had a black-box safely ensconced inside their body a la the black-box in a plane, which invariably is relied upon by investigative agencies in the aftermath of a mishap destroying the plane along with its flying crew.

The Indian Succession Act renders gift in contemplation of death revocable. The logic is simple and unexceptionable. A dying man overcome by emotion tends to do things, which he would not if he were not under physical and emotional stress. For example, in sheer gratitude, a man on deathbed may handover all his diamond-studded rings and gold chains to the nurse who lavished attention on him these last few days. Should he recover, in all fairness he should be allowed to retract his magnanimity, though at times it might be difficult if the beneficiary fiercely denies receiving anything.

More to the point, the law seems to contradict itself — when a dying man's emotional stability is innately suspect, how can he be relied upon in such a state to give an unbiased dying declaration. It is, therefore, humbly submitted that Courts should not allow themselves to be carried away by sentimentality. After all, even dying men can lie if only to posthumously settle scores with their tormentors during their sojourn at the terra firma or if only to make life of those left behind easier. The same exacting standards of investigation must be applied to dying declarations, which are steadfastly applied to other pieces of evidence.

(The author is a New Delhi-based Chartered Accountant.)

S. Murlidharan

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