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Evidence of magistrate who recorded dying declaration-proced


Evidence of Magistrate who recorded dying declaration-Procedure to be followed


In our opinion, the recorder of "a statement/dying declaration" does not offer himself for cross examination as if he is the deceased. He is only supposed to bring the statement of the deceased on record and prove the contents thereof. As a matter of fact, the dying declaration can be proved even if its recorder is not available, being dead or who cannot be 
found or, for any reason whose attendance cannot be procured. Any other person such as a Doctor / Nurse, if states, that he/she was present when the deceased made such statement, in our opinion, may be sufficient to admit the dying declaration. In that eventuality, if such witness deposes before the Court that he was present when the statement was recorded by a Magistrate, he heard the deceased making such statement, saw the Magistrate recording it, taking the signature / thumb impression of its maker, and also putting his signature thereon etc. may be sufficient to prove the contents of such statement. Whether to form conviction on the basis thereof, however, would be a matter of appreciation of evidence. It is common knowledge that Magistrates /Executive Magistrates who are always willing and make themselves available to record dying declarations are often called by Police. In some cases, we find that a particular Magistrate records 10/15 dying declarations in a week or 20/25 in a month. In such a situation, it would be humanly impossible for any Magistrate to remember contents of the statements recorded by him and to reproduce while deposing before the Court


 3 Replies

Manish Udar (www.Mehnat.IN)     31 March 2013

Okay thanks.

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     31 March 2013


dineshp83 - Legal Fighter. (manager)     02 April 2013

I would like to know few thing regarding dying declarations

Case is on a boy of sec 306 deceased girl was his Girl friend but her family members made false case that only boy was liking girl and he was behind her and was harrasing her so she went and hung herself. Boy has 124 sms which are being sent by girl to boy which prove ther relationship which was two way.

1 What if dying declaration is a sucide not no-one has seen the deceased girl writing it,presence of sucide note is mentioned in spot panchnam but the same is not recorded in station dairy after the first information was received.

2 The same orginal sucide note waswith police they were following up with deceased girls family members for getting other samples of her handwriting so that sucide note can be sent to handwriting expert for analysing the writing and for report Girls family members took 18 months to give samples.

3 The handwriting expert report came positive but the original sucide note and samples went missing , police filed report and APP asked permission to lead secondary evidence which are only plain xerox copies which are not attested.

4 The handwriting expert who gave this report has not completed the mandetory training of 1 year in NCRB which is guideline for the people who will be called experts, until and unless you complete training of ncrb of 1 yr you can be stated as Handwritin Expert, About the same expert another session court has written since his skills and expertise are in question the court will not be in a position to give any weightage to his opinion.

5 No one either complaintaint or witnesses has not turned to court since  last 5 yrs

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