Cr.P C death statement recording

R.Gundurao (Querist) 13 November 2010 This query is : Resolved
Is there any procedure to be followed at recording the death statement?
Is there any time limit for it?
Is there witnesses is required at the time of recording? other than the Doctor?.

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Devajyoti Barman (Expert) 13 November 2010
It is to be recorded in presence of a Magistrate and if the Magistrate is recording the statement no witness is required.

A V Vishal (Expert) 14 November 2010
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
2. Court should satisfy that there was no possibility of tutoring or prompting.
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.
4. Dying declaration should be recorded by the executive magistrate and police officer to record the dying declaration only if condition of the deceased was so precarious that no other alternative was left.
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.

adv. rajeev ( rajoo ) (Expert) 14 November 2010
It is to be recorded before the executive magistrate i.e., Asst., commissioner/Tahasildar and police officer

Kirti Kar Tripathi (Expert) 14 November 2010
agree with Mr. Barman.

PJANARDHANA REDDY (Expert) 14 November 2010
THE DYING DECLARATION STATEMENT CAN BE TAKEN BY ANY ONE AVAILABLE AT THE THAT TIME,BUT THE WITNESS MUST BE PRESENT.BUT IN MANY CASES THE DYING DECLARATION BECOME UNRELIABLE IN THE EYE OF LAW, DUE TO MISTAKES MADE BY THE PROSECUTION.

THIS CAN BE SEEN IN THE BELOW SC JUDGMENT:-

PJANARDHANA REDDY (Expert) 14 November 2010
PLS SEE ONE MORE SC JUDGMENT:-

Guest (Expert) 14 November 2010
KINDLY NOTE THAT IN CRIMINAL PROCEDURE CODE AND TO PROVE THE DYING DECLARATION IN COURT IT IS TO BE NOTED THAT.
1.DYEING DECLARATION MADE BY THE DECEASED ON DEATH BED SHOULD BE PROVED IN COURT JUST LIKE ANY OTHER EVIDENCE.
2HENCE THE STATEMENT OF DECEASED BEFORE DEATH WHICH IS CALLED AS DYEING DECLARATION AS FAR AS POSSIBLE SHOULD BE RECORDED BEFORE THE MAGISTRATE AND DOCTOR SHOULD SIGN AND CERTITY THAT BEFORE RECORDING THE DYING DECLARATION THE DECEASED WAS IN CONSCIOUSNESS AND WAS MEDICALY FIT TO GIVE STATEMENT TO POLICE REGARDING CAUSE OF DEATH OR DETAILS OF CRIME.DOCTOR SHOULD SIGN THE SAID STATEMENT AS IT WAS RECORDED WHEN PATIENT WAS IN A STATE OF GIVING STATEMENT.
THERE ARE SEVERAL CASE LAWS ON THIS CRUCIAL POINT.
IF DYING DECLARATION IS PROVED IN COURT ACCUSED WILL BE CONVICTED AS NO CHANCE OF ACQUITAL.
GOOD LUCK.