Professional Documents
Culture Documents
PANJAB UNIVERSITY.
I would like to express my special thanks of gratitude to my teacher Ms. Sudipa who gave me
the golden opportunity to do this wonderful project on the topic Departmental Enquiry Stages,
which also helped me in doing a lot of Research and I came to know about so many new things. I
am really thankful to her. I would also like to thank my parents and friends who helped me a lot in
finishing this project within the limited time.
TABLE OF CONTENTS
1. LIST OF ABBREVIATIONS---------------------------------------------------------------- 4
2. TABLE OF CASES-------------------------------------------------------------------------- 5
3. INTRODUCTION---------------------------------------------------------------------------- 7
4. DEPARTMENTAL PROCEEDING---------------------------------------------------------- 8
I. LODGING OF COMPLAINT
II. PRELIMINARY ENQUIRY
III. REPORT OF THE PRELIMINARY ENQUIRY
IV. INITIATION OF REGULAR DEPARTMENTAL PROCEEDINGS- FRAMING OF CHARGE-
SHEET
V. REPLY OF THE DELINQUENT TO THE CHARGE-SHEET
VI. SCRUTINY OF THE REPLY OF THE DELINQUENT
VII. APPOINTMENT OF ENQUIRY OFFICER
VIII. NOMINATION OF THE PRESENTING OFFICER
IX. LEGAL ASSISTANCE FOR DEFENSE
X. ATTENDANCE AND EXAMINATION OF WITNESSES
6. CONCLUSION----------------------------------------------------------------------------- 17
LIST OF ABBREVIATIONS
& and
TABLE OF CASES
1. Venkatramanan v. Union of India, AIR 1954, SC 375.
2. Union of India v. H.C. Goel, AIR 1964 SC 364.
3. Joga Rao v. State, AIR 1957 AP 197.
4. Union of India v. A. Nagamalleshwar Rao, AIR 1998 SC 111.
5. State of Orissa v. Murlidhar, AIR 1963 SC 404.
6. State of Uttar Pradesh v. Baburam, AIR 1961 SC 751.
7. State of U.P. v. Chandrapal Singh, AIR 2003 SC 4119.
8. C.M.D.U.C.O. v. P.C. Kakkar, AIR 2003 SC 1571.
9. U.P.S.S. Corporation Ltd. v. K.S. Tandon, AIR 2008 SC 1235.
10. Chanipaklal v. Union of India, AIR 1964 SC 1854.
11. ND. Ramteethakhar v. State of Maharashtra, 1996(3) SLR (SC) 778.
12. G.K. Sahoo v. Calcutta Port Trust, 1999(1) SLR (Cal.) 439.
13. Sundaram v. Tamil Nadu State Electricity Board, 1997(1) SLR (Mad.) 501.
14. R.S. Bardwan v. State Bank of Patiala, 1998(1) SLR (P. & H.) 179.
15. N.D. Ramteethakhar v. State of Maharashtra, 1996(3) SLR (SC) 778.
16. G.K. Sahoo v. Calcutta Port Trust, 1999 (1) SLR (Cal.) 439.
17. A.C. Benjamine v. Union of India, AIR 1966 SC.
18. Government of T.N. v. D.S. Rajadevan, AIR 1996 SC 2634.
19. State of U.P. v. G.S. Sharma, AIR 1968 SC 158.
20. Coal India Ltd. v. S.K. Mishra, AIR 2007 SC 1706.
21. UCO Bank v. R.L. Capoor, AIR 2007 SC 2129.
22. Union of India v. S.K Nayak, 2007 (6) SCALE 348.
23. Managing Committee, D.C. Arya School v. Delhi Administration, 1996 (8) SLR (Delhi)
574.
24. U.P. Warehousing Corporation v. Vijay Narayan, AIR 1980 SC 840.
25. R.S. Manyam v. Vice-Chairman, A.P.SRTC, 1999(1) SLR (A.P.) 280.
26. L. Chandraiah v. State of A.P., AIR 2003 SC 282.
27. State of Maharashtra v. Som Nath Thapa, AIR 1996 SC 1744.
28. Soma Chakravarty v. State, AIR 2007 SC 2149
29. Vishwanath v. Abdul Wajid, AIR 1963 SC 67.
30. S. Parthasarthy v. State of A.P., AIR 1973 SC 2701.
31. Union Of India v. P.C. Biswas, 2008 (2) SLR 453 (Cal).
32. Ravi Malik v. National Film Development Corporation Ltd., 2004 (13) SCC 427.
33. Union of India v.Mohd. Ramzan Khan, AIR 1993 SC 471.
34. Sat Pal v. State of Haryana, 1998(4) SLR (P. & H.) 151.
35. Bharat Petroleum Corpn. Ltd. v. Maharashtra Genl. Kamgar Union, (1999) 1 SCC 626.
36. M/s. CIPLA Ltd. v. Repu Daman Bharot, AIR 1999 SC 1635.
37. Hav. Jagdish Chand v. Union of India, 1998(1) SLR (H.P.) 285.
38. F.C.I. v. Bant Singh, AIR 1997 SC 2982.
39. Vijay Thakur v. Videsh Sanchar Nigam Ltd., 2008 (1) SLR 805 (Delhi).
40. K.B. Rai v. State of Punjab, 1996(1) SLR (P. & H.) 353.
41. C.L. Subramanium v. Collector of Customs, AIR 1972 SC 2178.
42. Board of Trustees, Port of Bombay v. Dalip Kumar, AIR 1983 SC 109.
43. A.K. Roy v. Union of India, AIR 1972 SC 710.
44. Shiraz Golden Restaurant v. Commercial Shop and Fac. Est. Union, 2008 (1) SLR 776.
45. Calcutta Municipal Corporation v. S.N. Nath, 1998(2) SLR (Cal.) 756.
46. Hardwari Lal v. State of U.P. , AIR 2000 SC 277.
Dying Declaration as Oral Evidence
CONTENTS
INTRODUCTION
....pg.2
HOW A DYING DECLARATION SHOULD
BE.......pg.3
WHO MAY RECORD A DYING
DECLARATION.......pg.4
IMPORTANT FACTS TO BE REMEMBERED BEFORE
RECORDING DYING DECLARATION
....pg.5
TABLE SHOWING THE CONDITIONS FOR ADMISSIBILITY
AND EVIDENTIARY VALUE OF A DYING
DECLARATIONpg.5
DYING DECLARATION: AN EXCEPTION TO THE RULE
AGAINST
HEARSAY
..pg.11
a) Sense of Impending
Death...pg.12
b) Scope of
Application...pg
.13
c) Evidentiary
Valuepg.1
4
d) Competency Of The
Declarant.pg.14
RELEVANCE OF DYING DECLARATION
CONCLUSION
.pg.30
BIBLIOGRAPHY
.pg.31
INTRODUCTION
S. 32(1) of the Indian Evidence Act provides that a statement by a person since
1 . deceased, as to the cause of
his death or any of the circumstances of the transaction that resulted into his death is
relevant, irrespective
of the proceedings in which the cause of his death comes into question.
AshutoshSalil, An Analysis of Indian and English Position of Dying
2. Declaration J 297,Cri.L.J.2005.
3. Id.
Sudipto Sarkar& V. R. Manohar, Sarkar on Evidence, 15th edn., vol. l.Wadhwa and
4 . Co., Nagpur, 1999, p. 633.
PROJECT REPORT OF FORENSIC SCIENCE Page 2
Dying Declaration as Oral Evidence
1. Written form;
2. Verbal form;
3. Gestures and Signs form. In the case ''Queen vs Abdulla 5'', it was held that if
the injured person is unable to speak, he can make dying declaration by signs
and gestures in response to the question.
5 ILR 7 385
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Dying Declaration as Oral Evidence
OBJECTS;
1. The presumption is '' a person who is about to die would not lie''.
2. It is also said that '' Truth sits on the lips of a person who is about to die''.
3. The victim is exclusive eye witness and hence such evidence should not be
excluded.
1. The declarant was in a fit condition of mind to give the statement when
recording was started and remained in fit condition of mind until the recording
of dying declaration is completed.
2. The fact of fit condition of mind of declarant can be best certified by the
doctor.
3. Yet, in case of where it was not possible to take fitness from the doctor, dying
declaration has retained its full sanctity if there are other witnesses to testify
that declarant was in fit condition of the mind which did not prevent him from
making dying declaration.
4. However, it should not be under the influence of anybody or
prepared by prompting, tutoring or imagination. If any dying
declaration becomes suspicious, it will need corroboration.
5. If a declarant made more than one dying declarations and if these
are not at variance with each other in essence they retain their
full value. If these declarations are inconsistency or
contradictory, such dying declarations lose their value.
state in mind.
7. In some cases, F.I.R was also
6 Yet, it was held that ''Dying declaration incomplete as deceased not being able to answer
further, held could be relied upon. (AIR 1956 SC 168). ''
7 State of Haryana vs Manageram & others (AIR 2003 SC 558)
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Dying Declaration as Oral Evidence
Black's Law Dictionary defines hearsay as "A statement, other than one made
by the declarant while testifying at the trial or hearing, offered in evidence to prove
the truth of the matter asserted. Hearsay evidence is testimony in Court of a statement
made out of the Court, the statement being offered as an assertion to show the truth
of matters asserted therein, and thus resting for its value upon the credibility of the
out of Court asserter."14
The hearsay rule generally disallows the use of out of Court statements as
evidence of the truth of the matters asserted in that statement. Because the
person who is giving this evidence is not telling his experience but that of
another person. Dying declaration is one of the exceptions to the rule against
hearsay. The main guiding reason for making dying declaration an exception
to the hearsay rule arises out of necessity. If this evidence not considered very
purpose of justice will be forfeited in certain situation when there may not be
any other witness to the crime except the person who has since died.15. Since,
there might arise situations where someone would have been shot at or
inflicted with fatal injuries while no one was around. In such situations to let
the accused go free just because there was no witness to the crime would result
into miscarriage of justice. Hence, to avoid situations like above dying
declaration has been made an exception to the rule against hearsay.
14
. Dying Declaration, at http:/www.lawyersclubindia.com/articles
15
Dr. R. K. Gorea, Critical Appraisal of Dying DeclarationJIAFM, 2004, 26(1).
16
Avatar Singh Principles of the Law of Evidence,16th ed.2007,Central Law Publication.
17
.(1869) LR 1 CCR 187.
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Dying Declaration as Oral Evidence
Scope of Application
18
. Wigmore observes "in ascertaining generally the existence of a knowledge of' approaching
death, Courts are now and ':, then making rulings at which common sense revolts. Moved
either by declination to allow the slightest flexibility of rule in applying principles- to
circumstances or by a general repugnance to exceptions to the hearsay rule, they have
recorded decisions which can only be desired by-laymen and repudiated by the profession."
C.f; supra, note 2, p. 237.
19
. (1824) 2 B & C 605, c.f.; supra, note 8, p. 652.
20
. Supra, note 4, p. 634.
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Dying Declaration as Oral Evidence
proceedings. But in England a dying declaration is admitted in evidence only for the
criminal cases and that too it is restricted only to those cases where the death is the
subject-matter of the charge.21
Evidentiary Value
Thus, there are significant differences between Indian and English law in the
area of dying declaration. English law is not only rigid but also narrower in its scope.
The Law Commission Of England in its 245th report on "Evidence in Criminal
Proceedings : Hearsay and Related Topics" has aptly commented that,26
"Apart from the dubious psychological foundation for the exception, and the
difficulty of proving that the deceased had a settled hopeless expectation of death,
the principal illogicality of this exception is its restriction to murder and
manslaughter. It does not apply to rape or armed robbery, but there is no logical
justification for such a restriction. It is also out of step with the modern approach to
res gestae, in which the emphasis is rightly on probative value."
25
. Panchhi v. State of U.P., 1998 Cri LJ 4044 (SC)
26
. http ://www.lawcom.gov.uk/74.htm.
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Dying Declaration as Oral Evidence
27
. NehaVijayvarigya, "admissibility Of Dying Declaration :Whether Justified2006 (1) Cri.LJ,
p. 177..
28
. M.G. Amin, "Assumptions behind sanctity of dying declarations", (1995) 7 NLSJ, p. 88.
29
. R. v. Lawson (Raymond), (1998) CriJ L.R. 883 (CA (Crim Div)), c.f. www.westlawinternational.com
PROJECT REPORT OF FORENSIC SCIENCE Page 16
Dying Declaration as Oral Evidence
under the most solemn sanction to speak the truth is far from presenting the true
ground of admission. The chief grounds of this exception in the law of evidence is
the presumption of there not being equally satisfactory proof of the same facts, and
the consequent probability of crime going unpunished.30
The main problem with dying declaration is not so much one of sincerity or
faulty memory, but one of perception. Motive of hatered and revenge may lead a
declarant to make false statements, even with the approach of death. The declarant
may exhibit strong feeling of hatred and revenge and if he is in such a frame of mind,
the supposed guarantee of trustworthiness fails, and the' declaration should not be
admitted.31
30
. Supra, note 2.
31
. Supra, note 2.
There doesn't seem to be much controversy as far as, the question of a dying
declaration being a significant piece of evidence is concerned. The divergent and
conflicting Judicial opinion has been with respect to value and importance to be
attached to dying declaration in basing the conviction of an accused: The Courts in
India have held time and again, that a dying declaration before it could be relied
upon must pass a test of reliability, as it is a statement made in the absence of the
accused and there is no cross-examination of the declarant to test its genuinety or
veracity. Thus, a dying declaration must be subject to close scrutiny.32A dying
declaration in India stands on a different footing than in England. Under the English
law, credence and the relevancy of a dying declaration is important only when person
making such statement is in hopeless condition and expecting an imminent death.33
In India, the weight to be attached to a dying declaration depends not upon the
expectation of death that is presumed to guarantee the truth of the statement, but
upon the circumstances and surrounding under which it was made, and very much
also upon the nature of record that has been made of it.34
Court has come to the conclusion that it is true and voluntary. The most significant
being the case of Khushal Rao v. State of Bombay36 where, the Supreme Court laid
down several propositions with respect to dying declarations and these propositions
till date continue to govern the law relating to dying declarations. The Court held,
that there is no absolute rule of law that a dying declaration cannot form the sole
basis of conviction unless it is corroborated, nor can it be said that a dying
declaration is a weak piece of evidence. The Court further held that a dying
declaration stands on the same footing as another piece of evidence and has to be
judged in the light of surrounding circumstances and with reference to the principle
governing the weighing of evidence. Speaking on the same line the Supreme Court
held in the case of Padmaben Shamalbhai Patel v. State of Gujarat37 that, "a dying
declaration is an independent piece of evidence-neither extra strong nor weak and
can be acted upon without corroboration if it is found to be otherwise true and
reliable."
Section 32(1) of the Act makes it clear that the declaration can be admitted
only when the death of the declarant comes into question. Such a construction poses
problems in many situations. For e. g. B and his wife were shot at. Both of them
died. Mrs. B. when dying described the assailant. Her declaration was excluded,
because it was not her death but the death of her husband that was the subject matter
of the charge. Wigmore calls this exclusion the senseless rule of exclusion. 39 In
situation such as above the declaration with respect to other person's death also need
to be admitted in order to prevent the miscarriage of justice. The law commission of
India, in its sixty-ninth report on the Indian Evidence Act, 1872 observed that the
language of the Section is even now capable 1 a wider construction". Accordingly it
recommended that, an explanation II might be added to Sec. 32 (1) on the following
lines;
"The circumstances of the transaction which resulted in the death may include
facts relating to the death of another pel son."40
(2) The Court has to scrutinize the dying declaration carefully and ensure that the declaration is not
the result of tutoring, prompting or imagination and the deceased had opportunity to observe and
identify the assailants and was in a fit state to make the declaration.
(3) Where a dying declaration is suspicious it should not be acted upon with out corroborative
evidence.
|4) Normally the Court in order to satisfy whether the deceased was in a fit state of mind while
making dying declaration look up to the medical opinion. But, where the eyewitness has said that
the deceased was in a fit and conscious state to make the dying declaration, the medical opinion
cannot prevail.
39
Supra, note 2.
40
. Supra, note 28, p. 375.
41
Supra note 10.
42
. AIR 1979 SC 1173 : 1979 Cri LJ 700
stigation out of consideration until and unless prosecution satisfies the Court as to why
it was not recorded by a magistrate or doctor. It further held that such declara-tions
might be relied upon if there was no time or facility for adopting the better method.
Several High Courts have also held that it is not prudent to base conviction on a dying
declaration made to an investigating officer and the practice of the investigating officer
recording dying declaration should not be encouraged.43
It all depends on the facts and circumstances of the case. Thus, where the
dying declaration recorded by the police officer was natural, coherent, truthful,
narrating incident without embellishment and explicitly identifying accused, such
dying declaration was held to be valid.44 But, where the investigating officer had
recorded the dying declaration even before the victim was certified by the doctor to
be fit for making a statement and though the victim survived for two weeks
thereafter, the investigating officer made no efforts to get this statements recorded
by a magistrate, it was held, that no reliance could be placed on such dying
declaration.45
In Rambai v. State of Chhattisgarh,46It was held that if the person recording the
dying declaration is satisfied that the declarant is in a fit medical condition to make
a dying declaration then such dying declaration will not be invalid solely on the
ground that the doctor has not certified as to the condition of the declarant to make
the dying declaration.
AtulGandhia v. State of Assam, 1990 Cri. L. J. 1049 (Gau), Babura v. State of Rajasthan,
43. 1993 Cr. L. J. 2696 (Raj)
I. L, R. (1979) 1 Del. 752, c.f; Deepak Arora, R. S. Dogra&Jaswant Singh, Law of
44. Evidence, vol. 1 Madras Law
journal, Madras, 1998, p. 516.
45. Gulab Singh v. State, 1995 Cr. L. J. 3180 (Del)
46
(2002) 8 SCC 33
Similarly, there is no hard and fast rule that a doctor's certificate as to the mental
fitness of the deceased is prerequisite for the admissibility of a dying declaration in
evidence. A constitutional bench of the Supreme Court in the case of Laxman v.
State of Maharashtra47 while rejecting the contention of the appellant, that since
the certification of the doctor was not to the effect that the patient was in a fit state
of mind to make the statement, the dying declaration could not form the sole basis
of conviction, held, that it cannot be said that since there is no certification as to
fitness of mind of the declarant, the dying declaration is not acceptable. The Court
held that what is essentially required is that the person who records a dying
declaration must be satisfied that the deceased was in a fit state of mind. The Court
further held that a certificate by doctor is essentially a rule of caution and therefore,
the voluntary and truthful nature of the declaration can be established otherwise.
There might arise situations where it would not have been possible to get a doctor,
thus a dying declaration recorded in such situations cannot be rejected merely
because there was no one to certify the fact that the deceased was in a fit state of
mind while making the statement. In such situations the Courts need not reject the
dying declaration but should subject it to strict scrutiny to verify the truth and
genuineness of its contents. Once the Court is satisfied that the dying declaration
was recorded without deceased,being tutored, the same should be accepted and
relied upon.48Thus, a dying declaration should not be rejected merely on the ground
that certain formalities were not complied with. As long as it is truthful and
voluntarily made it should be relied upon.
In Smt. Paniben v. State of Gujarat,49the Supreme Court has laid down in several
principles governing dying declaration, which could be summed up as under:
(i) There is neither rule of law nor of prudence that dying declaration cannot be
acted upon without corroboration.
(ii) If the Court is satisfied that the dying declaration is true and voluntary it can
base conviction on it, without corroboration.
(iii) The Court has to scrutinize the dying declaration carefully and must ensure that
the declaration is not the result of tutoring, prompting or imagination. The deceased
had an opportunity to observe and identify the assailants and was in a fit state to
make the declaration.
(v) Where the deceased was unconscious and could never make any
(vi) A dying declaration which suffers from infirmity cannot form the basis of
conviction.
49
AIR 1992 SC 1817.
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Dying Declaration as Oral Evidence
(ix) Normally the Court in order to satisfy whether deceased was in a fit mental
condition to make the dying declaration look up to the medical opinion. But where
the eye-witness said that the deceased was in a fit and conscious state to make the
dying declaration, the medical opinion cannot prevail.
(x) Where the prosecution version differs from the version as given in the dying
declaration, the said declaration cannot be acted upon.
(xi) Where there are more than one statement in the nature of dying declaration, one
first in point of time must be preferred. Of course, if the plurality of dying declaration
could be held to be trustworthy and reliable, it has to be accepted.
1. It is for the court to see that dying declaration inspires full confidence as the
maker of the dying declaration is not available for cross examination
3. Certificate of the doctor should mention that victim was in a fit state of mind.
Magistrate recording his own satisfaction about the fit mental condition of the
declarant was not acceptable especially if the doctor was available.
50
AIR 1989 SC 1519.
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Dying Declaration as Oral Evidence
5. Dying declaration may be in the form of questions and answers and answers being
written in the words of the person making the declaration. But court cannot be too
technical.
In this case honble supreme court has laid down following guidelines:-
2. The test of proximity cannot be too literally construed and practically reduced to
a cut-and-dried formula of universal application so as to be confined in a strait-
jacket. Distance of time would depend or vary with the circumstances of each case.
For instance, where death is a logical culmination of a continuous drama long in
process and is, as it were a finale of the story, the statement regarding each step
directly connected with the end of the drama would be admissible because the entire
statement would have to be read as an organic whole and not torn from the context.
Sometimes statements relevant to or furnishing an immediate motive may also be
admissible as being a part of the transaction of death. It is manifest that all these
statements come to light only after the death of the deceased who speaks from death.
For instance, where the death takes place within a very short time of the marriage or
the distance of time is not spread over more than 3-4 months the statement may be
admissible under section 32.
3. The second part of clause (1) of section 32 is yet another exception to the rule that
in criminal law the evidence of a person who was not being subjected to or given an
opportunity of being cross-examined by the accused, would be valueless because the
place of cross-examination is taken by the solemnity and sanctity of oath for the
simple reason that a person on the verge of death is not likely to make a false
statement unless there is strong evidence to show that the statement was secured
either by prompting or tutoring.
4. It may be important to note that section 32 does not speak of homicide alone but
includes suicide also, hence all the circumstances which may be relevant to prove a
case of homicide would be equally relevant to prove a case of suicide.
5. Where the main evidence consists of statements and letters written by the
deceased which are directly connected with or related to her death and which reveal
a tell-tale story, the said statement would clearly fall within the four corners
of section 32 and, therefore, admissible. The distance of time alone in such cases
would not make the statement irrelevant.
CONCLUSION :-
BIBLIOGRAPHY
Salil, An Analysis of Indian and English Position of
Ashutosh
Dying
Declaration J 297,Cri.L.J.2005
Sudipto Sarkar & V. R. Manohar, Sarkar on Evidence, 15th edn
Dying Declaration, at http:/www.lawyersclubindia.com/articles
BIBLIOGRAPHY
STATUTORY COMPILATIONS
DICTIONARIES
WEBSITES
1. www.manupatra.com.
2. www.judis.nic.in.
3. www.SupremeCourtcaselaw.com.
BOOKS
2. Majumdar, P.K., Service Laws, 3rd ed. New Delhi: Orient Publishing Co. (2007).