Facts of the Case

Bharat Singh v. State of Haryana is an important judgment on the admissibility of statements made by a deceased person under Section 32 of the Indian Evidence Act, 1872, which is now reflected in Section 26 of the Bharatiya Sakshya Adhiniyam, 2023. The case clarified when statements by deceased persons can be treated as relevant evidence in criminal proceedings.

The case arose out of a criminal trial in which the prosecution relied on a statement allegedly made by a deceased person before death. The deceased had made a statement concerning the circumstances that eventually led to the criminal prosecution of the accused. The prosecution argued that this statement was relevant because it explained the transaction that resulted in the death.

During the trial, the accused challenged the admissibility of the statement. It was argued that the statement did not strictly amount to a dying declaration because it was not a direct description of the cause of death. The defence contended that such evidence should not be relied upon because the maker of the statement was no longer available for cross examination.

The trial court accepted the prosecution case and treated the statement as admissible evidence. The matter eventually reached the Supreme Court, where the central issue became the true scope of Section 32 of the Indian Evidence Act

Issue before the Court

1. Whether a statement made by a deceased person could be admitted under Section 32 of the Indian Evidence Act even if it was not a formal dying declaration.

2. Whether the phrase “circumstances of the transaction which resulted in death” should be interpreted narrowly or broadly.

3. Whether such statements by deceased persons could be used as substantive evidence without violating principles of fairness in a criminal trial.

Arguments before the Court

The prosecution argued that Section 32 creates an exception to the general rule against hearsay evidence. It was submitted that when a person who made a statement has died, the law permits the court to consider that statement if it relates to the cause of death or the circumstances of the transaction that resulted in death.

The State contended that the statement of the deceased need not be made immediately before death. Even a statement made earlier can become relevant if it has a direct connection with the events that led to death.The prosecution further argued that the object of Section 32 is to ensure that the truth is not lost merely because the maker of the statement has died.

On the other hand, the defence argued that hearsay evidence is generally inadmissible because the person making the statement cannot be cross examined. According to the defence, courts should interpret Section 32 strictly because it is an exception to a fundamental rule of evidence.

The accused argued that only a direct statement about the cause of death should be admitted. Statements that merely refer to surrounding facts should not be admitted unless they clearly form part of the same transaction.The defence also warned that broad interpretation of Section 32 could lead to misuse and unfair convictions based on unreliable evidence.

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Analysis of the Court

The Supreme Court examined the scope of Section 32 and explained the legal principle behind admissibility of statements made by deceased persons.The Court held that Section 32 is not limited only to a narrow concept of dying declaration. It covers statements made by a deceased person regarding the cause of death as well as the circumstances of the transaction that resulted in death.

The Court explained that the expression “circumstances of the transaction” must receive a broad interpretation. It includes not only the final act leading to death but also earlier events that have a proximate connection with the death.The judges observed that such statements become admissible because death makes cross examination impossible. The law recognises that excluding all such statements would sometimes defeat justice.

The Supreme Court clarified that the statement need not be made in expectation of death. Unlike English law, Indian law does not require the deceased to believe that death is imminent.

This distinction makes Indian evidence law wider than the traditional common law approach to dying declarations.The Court further held that admissibility depends upon relevance and proximity. The statement must have a direct relation with the transaction that resulted in death. Remote or unrelated statements cannot be admitted.

The Court emphasised that although such evidence is admissible, the court must carefully examine its reliability before acting upon it.The Court noted that statements by deceased persons should be tested against surrounding circumstances, consistency, and other evidence on record.

If the statement appears natural, voluntary, and closely connected to the death, it can be relied upon as substantive evidence.Applying these principles, the Supreme Court upheld that the statement in question was admissible because it had a clear connection with the events that resulted in the death of the declarant.

The judgment therefore expanded judicial understanding of Section 32 and provided guidance on how courts should assess statements made by deceased persons.

Read Also: Hussainara Khatoon v. Home Secretary, State of Bihar (1979) 

Concluding remark

The judgment is important because it balances the rule against hearsay with the need to achieve justice when a witness is no longer alive. For judiciary aspirants, this case is valuable in understanding Section 32 of the Indian Evidence Act and its modern equivalent under Section 26 of the Bharatiya Sakshya Adhiniyam.

Frequently Asked Questions

1. What is the main principle in Bharat Singh v. State of Haryana?

The case held that statements by deceased persons can be admissible if they relate to the cause of death or circumstances of the transaction leading to death.

2. Does Section 32 apply only to dying declarations?

No. Section 32 covers more than formal dying declarations and includes related statements made by the deceased.

3. Is expectation of death necessary under Indian law?

No. Indian law does not require the deceased to believe death is imminent for the statement to be admissible.

4. Can such statements alone be used for conviction?

Yes, but courts must carefully examine reliability before relying solely on such evidence.

5. What is the equivalent provision under the Bharatiya Sakshya Adhiniyam 2023?

The corresponding provision is Section 26 of the Bharatiya Sakshya Adhiniyam, 2023.

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