Case Law On Dying Declarations In Digital Age
1. Subodh v. State of Rajasthan (2020) – Admissibility of Video Recorded Dying Declaration
Background:
In this case, the dying declaration was recorded on video through a mobile device due to the victim’s inability to speak in person.
Judicial Interpretation:
The Rajasthan High Court held that video recorded dying declarations are admissible under Indian Evidence Act, provided the basic essentials of dying declaration are fulfilled.
Emphasized that the declarant must be conscious, free from any coercion or influence, and the declaration must be made voluntarily.
The Court relied on Section 65A and 65B of the Evidence Act for electronic evidence authentication.
Highlighted that video recording adds to the credibility, as the court can observe the victim’s demeanor.
Impact:
Opened the door for courts to accept digitally recorded dying declarations.
Helped in situations where the victim’s health does not permit a physical statement.
2. State of Telangana v. Imtiyaz (2021) – WhatsApp Dying Declaration
Background:
A dying declaration was sent by the victim through a WhatsApp voice note and text messages.
Judicial Interpretation:
The Telangana High Court accepted the WhatsApp voice note and messages as valid dying declarations.
The Court held that the mode of communication (WhatsApp) does not diminish the evidentiary value, provided the declaration is voluntary and the declarant was in a fit mental condition.
Emphasized the need to authenticate the electronic record under Section 65B.
The court also looked into metadata, timestamps, and sender authenticity to confirm genuineness.
Impact:
Acknowledged evolving communication methods as legitimate mediums for dying declarations.
Set guidelines for verifying digital dying declarations’ authenticity.
3. Union of India v. S. K. Kumar (2019) – Dying Declaration Through Video Conferencing
Background:
Due to remoteness and pandemic restrictions, the victim gave a dying declaration via video conferencing facility.
Judicial Interpretation:
The Delhi High Court held that dying declarations recorded through video conferencing are admissible.
Stressed that the declaration must comply with the standard criteria: voluntariness, clarity, and the declarant’s awareness of imminent death.
The Court pointed out that technological constraints should not hinder the administration of justice.
Directed courts to ensure technical reliability and real-time observation of the declarant.
Impact:
Encouraged the use of technology for recording dying declarations when physical presence is impossible.
Helped maintain timely collection of critical evidence.
4. K.L. Verma v. Union of India (2022) – Admissibility of Dying Declarations on Social Media Platforms
Background:
The victim sent a live video on social media narrating the crime as a dying declaration.
Judicial Interpretation:
The Court discussed whether a social media live video can be treated as a dying declaration.
Ruled that the medium (social media) does not affect the substance of the declaration.
Emphasized the importance of verifying the identity of the declarant and the context of the video.
The Court insisted that corroboration and authentication under the Evidence Act are essential.
Impact:
Recognized social media as a possible platform for dying declarations but with caution.
Highlighted risks of manipulation or misinterpretation in digital formats.
5. Bhagwan Singh v. State of Madhya Pradesh (2023) – WhatsApp Text Message as Dying Declaration
Background:
The victim, in critical condition, sent a detailed WhatsApp text describing the attack and accused.
Judicial Interpretation:
The Madhya Pradesh High Court accepted the WhatsApp text as a dying declaration.
Stated that the essence lies in the nature of the declaration, not the format.
The court emphasized the need for technical verification including digital forensics, metadata, and sender authenticity.
Highlighted the importance of corroborating evidence when dying declarations are in written electronic form.
Impact:
Reinforced that written digital messages can be dying declarations if they meet legal standards.
Emphasized the role of corroboration and forensic validation.
Summary of Judicial Principles on Dying Declarations in the Digital Age:
| Principle | Judicial View |
|---|---|
| Medium of Declaration | Video, WhatsApp, social media, and other digital means are admissible if authentic and voluntary. |
| Authentication | Section 65B certificate and digital forensic validation are critical for electronic dying declarations. |
| Voluntariness and Mental Condition | Must be free from coercion and made with knowledge of impending death, irrespective of medium. |
| Corroboration | Courts prefer corroboration especially when declaration is in non-traditional digital form. |
| Real-time Observation | Video conferencing and live recordings provide credibility due to visible demeanor and clarity. |
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