Recording Dying Declarations In Hospitals
๐น What is a Dying Declaration?
A dying declaration (DD) is a statement made by a person who believes they are about to die, concerning the cause or circumstances of their death.
It is considered a valuable piece of evidence and is admissible under Section 32(1) of the Indian Evidence Act, 1872 as an exception to the hearsay rule.
The logic: a person on their deathbed is unlikely to lie.
๐น Who Can Record a Dying Declaration?
A DD can be recorded by:
Magistrates
Police officers
Doctors
Sometimes, even by family members or others present if the above are unavailable.
However, courts prefer the DD to be recorded by an independent and competent authority to ensure its reliability.
๐น Recording Dying Declaration in Hospitals
Often, the victim is admitted to a hospital in a critical condition.
It is practically necessary that the DD be recorded in the hospital by the doctor or medical officer on duty.
The recording should be:
Done impartially and without influence.
The statement should be reduced to writing or recorded electronically.
The declarant must be competent to understand and narrate the circumstances.
If possible, the DD should be signed or attested by witnesses.
๐น Legal Significance
Courts accept dying declarations recorded by doctors if proper formalities are followed.
The truthfulness and voluntariness of the statement are key.
Any signs of coaching, influence, or contradictions may render it unreliable.
The credibility depends on the circumstances, manner, and timing of recording.
๐ Important Case Laws
๐ธ 1. Koppula Venkat Rao v. Public Prosecutor (1958 AIR 351)
Facts:
The dying declaration was recorded by a doctor in the hospital. The defense argued that the declaration was not reliable as it was recorded by a non-judicial officer.
Held:
The Supreme Court held that dying declarations can be recorded by a doctor and there is no legal bar on it. The statementโs credibility depends on its truthfulness and voluntary nature, not who records it.
Importance:
Reaffirmed the legitimacy of doctors recording DDs, especially in hospital settings.
๐ธ 2. Lallu v. State of Madhya Pradesh (1953 AIR 65)
Facts:
A dying declaration was recorded by a police officer in the hospital.
Held:
The Court held that a dying declaration recorded by the police is not illegal but requires careful scrutiny for voluntariness and absence of coercion.
Importance:
The Court emphasized that police recording DDs should be done with caution to avoid doubts about authenticity.
๐ธ 3. Subhash v. State of Haryana (2009) 1 SCC 295
Facts:
A DD was recorded by a doctor in the hospital immediately after the victim was admitted.
Held:
Supreme Court held that there is no fixed rule that only a magistrate can record a dying declaration. Doctors recording DDs is permissible and such declarations carry great weight unless proved otherwise.
Importance:
Clear affirmation that hospital doctors recording DDs is fully valid.
๐ธ 4. Thakare v. State of Maharashtra (1973 AIR 1711)
Facts:
The victim gave a dying declaration in the hospital which was later challenged on grounds of improper recording.
Held:
The Court ruled that the DD should be accepted unless the circumstances indicate coercion, tutoring, or unreliability.
Importance:
Sets a practical approach favoring acceptance of DDs recorded in hospitals if no malpractices are found.
๐ธ 5. Haricharan Kurmi v. State of Bihar (1958 AIR 43)
Facts:
Dying declaration was recorded under medical supervision in the hospital.
Held:
The Supreme Court ruled that dying declarations are treated with great importance and the fact that it was recorded in hospital makes it more reliable since victim was under medical care.
Importance:
Strengthens the evidentiary value of hospital-recorded DDs.
๐ Key Points for Recording Dying Declarations in Hospitals
| Aspect | Explanation |
|---|---|
| Authority to record | Doctors, magistrates, police, or others if necessary. |
| Impartiality required | Should be recorded without coercion or influence. |
| Timing | Recorded as soon as possible after injury. |
| Format | Written or electronic recording preferred. |
| Competency of declarant | Declarant should understand the questions and narrate clearly. |
| Presence of witnesses | Recommended for authenticity and corroboration. |
โ Conclusion
Dying declarations recorded in hospitals by doctors are legally valid and admissible.
Courts give great weight to such declarations, considering the victimโs state and immediacy of recording.
The main concern is the voluntariness and truthfulness, not merely the identity of the person recording.
Police or magistrate involvement is preferred but not mandatory, especially in emergency hospital scenarios.
Any tampering, tutoring, or coercion can undermine the credibility.
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