Dying Declaration Recorded By Police Officer Is Admissible: Allahabad HC
1. Concept of Dying Declaration
Section 32(1) of the Indian Evidence Act, 1872:
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction resulting in his death, in cases where the cause of death is in question, is admissible.
Principle: Nemo moriturus praesumitur mentiri (“a man will not meet his maker with a lie in his mouth”).
Thus, dying declarations are admissible even though they are hearsay, because they relate to the cause of death.
2. General Rule on Recording Dying Declarations
Preferably, a Magistrate should record a dying declaration.
However, if no Magistrate is available and the condition of the victim is critical, even a police officer or doctor can record it.
The weight and reliability depend on circumstances, but admissibility is not excluded merely because a police officer recorded it.
3. Allahabad High Court’s View
In recent rulings, the Allahabad High Court clarified:
A dying declaration recorded by a police officer is admissible in evidence under Section 32(1) of the Evidence Act.
The Court noted that there is no legal bar against a police officer recording a dying declaration.
However, as a matter of prudence, courts generally prefer a declaration recorded by a Magistrate.
The test of reliability is whether the declaration was made voluntarily, consciously, and without tutoring.
4. Case Laws Supporting This Principle
Khushal Rao v. State of Bombay (AIR 1958 SC 22)
Supreme Court held that a dying declaration, if true and voluntary, can form the sole basis of conviction without corroboration.
No absolute rule that it must be recorded by a Magistrate.
K. Ramachandra Reddy v. Public Prosecutor (1976) 3 SCC 618
The Court said it is not essential that dying declaration must be recorded by a Magistrate.
Even if recorded by police or doctor, it is admissible if free from suspicion.
State of U.P. v. Ram Sagar Yadav (AIR 1985 SC 416)
The Court held that though preferable to have a Magistrate, a police officer can record it, and admissibility is not affected.
P.V. Radhakrishna v. State of Karnataka (2003) 6 SCC 443
Reiterated that voluntariness and truthfulness are the key tests.
Allahabad High Court – Recent Ruling (2023–24)
Held: “A dying declaration recorded by a police officer cannot be discarded merely because it was not recorded by a Magistrate. Its evidentiary value depends on surrounding circumstances and the fitness of the declarant.”
5. Conclusion
Admissibility: A dying declaration recorded by a police officer is admissible in evidence.
Reliability: Court must ensure it is voluntary, truthful, and not the product of tutoring.
Preference: Recording by a Magistrate is always preferred for greater authenticity, but absence of a Magistrate does not make the declaration inadmissible.
✅ In short: The Allahabad High Court has reaffirmed the settled principle that a dying declaration recorded by a police officer is legally admissible, though the weight to be attached depends on the circumstances of recording and the credibility of the statement.
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