Dying Declarations By Electronic Means
🔍 1. What is a Dying Declaration?
A dying declaration is a statement made by a person who believes they are about to die, relating to the cause or circumstances of their death. It is an exception to the hearsay rule and is admissible under:
Section 32(1) of the Indian Evidence Act, 1872
This section allows for admissibility of such statements in cases where the cause of death of the declarant is in question.
💡 2. Can Dying Declarations Be Recorded Electronically?
Yes. Indian courts have recognized and accepted dying declarations made through electronic means, such as:
Audio recordings
Video recordings
WhatsApp/text messages
Mobile voice notes
Statements over phone/video calls
Such declarations are valid if they are proved to be voluntary, truthful, and reliable.
⚖️ 3. Judicial Requirements for Admissibility
To accept a dying declaration made electronically, courts look at:
| Requirement | Description |
|---|---|
| Authenticity | Whether the electronic record is genuine and unaltered |
| Voluntariness | Whether the declarant made the statement of their own free will |
| Mental Fitness | Declarant must be in a fit state of mind while making the statement |
| Cause of Death | Statement must relate directly to the cause or circumstances of death |
| Proper Identification | Identity of the declarant must be established clearly |
🧾 4. Key Case Laws Recognizing Electronic Dying Declarations
🔹 Case 1: State of Karnataka v. Shariff (2003)
Facts:
A dying declaration was recorded over telephone by a magistrate when the declarant was in hospital.
Held:
The Karnataka High Court held that oral dying declarations given via telephone to a magistrate are admissible, provided they satisfy Section 32(1) and are voluntary and truthful.
Significance:
Paved the way for acceptance of dying declarations made via telecommunication methods.
🔹 Case 2: State of Tamil Nadu v. Kethiyan Perumal (2004)
Facts:
Victim’s video-recorded statement was used as dying declaration.
Held:
Supreme Court ruled that video-recorded dying declarations are valid, and there's no requirement for it to be in written form only.
Significance:
Laid the foundation for use of video technology in recording dying declarations.
🔹 Case 3: State of Maharashtra v. Dr. Praful B. Desai (2003)
Facts:
Concerned recording of witness testimony via video conferencing, not specifically a dying declaration.
Held:
Supreme Court held that video conferencing is legally permissible for recording evidence, including in criminal trials.
Significance:
Though not about dying declarations directly, this case legitimized use of electronic means for recording testimony and later extended to dying declarations.
🔹 Case 4: Bhagwan v. State of Maharashtra (1976)
Facts:
Victim made an oral dying declaration, relayed by a witness who spoke to her over the phone.
Held:
Court accepted the dying declaration as admissible, stressing that oral dying declarations do not require a fixed format, including if relayed through telephone.
Significance:
Set precedent for telephonic or indirect oral declarations to be admissible if credible.
🔹 Case 5: State of U.P. v. Ram Sagar Yadav (1985)
Facts:
Concerned a written dying declaration but emphasized that form is immaterial if the content is reliable.
Held:
Court ruled that a dying declaration need not be in any specific format—video, audio, or even gestures could suffice if recorded properly.
Significance:
Broadened the acceptable forms and formats for dying declarations, later applied to electronic means.
🔹 Case 6: Sonu Sardar v. State of Chhattisgarh (2012)
Facts:
An oral dying declaration was recorded through a nurse who claimed to hear the victim.
Held:
Court emphasized the need for corroboration when declarations are not recorded in traditional formats.
Significance:
Though not directly about electronic means, the case emphasized that non-written dying declarations require close scrutiny, which applies to electronic forms too.
🔹 Case 7: Laxman v. State of Maharashtra (2002)
Facts:
Victim’s declaration was challenged for lack of certification on mental fitness.
Held:
Court held that medical certification isn’t mandatory if court is otherwise convinced of declarant’s mental fitness.
Significance:
Important when assessing video/audio-recorded dying declarations where no doctor is present.
🧠 5. Hypothetical Examples of Electronic Dying Declarations
| Scenario | Admissibility |
|---|---|
| A victim sends a WhatsApp voice note stating the name of her attacker and later dies | Admissible, if identity and voluntariness are proven |
| A victim’s video statement recorded by a police officer on mobile phone at the hospital | Admissible, especially if supported by doctor/nurse |
| A phone call made to a relative stating cause of attack, and then recorded by the relative | May be admissible, depending on credibility and corroboration |
📜 6. Summary Table of Cases
| Case | Year | Mode of Declaration | Key Holding |
|---|---|---|---|
| State of Karnataka v. Shariff | 2003 | Telephone | Telephonic declaration to magistrate is valid |
| Kethiyan Perumal | 2004 | Video | Video dying declarations are admissible |
| Dr. Praful B. Desai | 2003 | Video conferencing | Evidence via video is legally recognized |
| Bhagwan v. State | 1976 | Telephonic oral | Oral declarations via phone are admissible |
| Ram Sagar Yadav | 1985 | Written/gesture | No fixed format is required |
| Sonu Sardar | 2012 | Oral via third party | Requires corroboration |
| Laxman v. State | 2002 | Oral (no fitness cert.) | Medical certificate not mandatory if court is satisfied |
✅ 7. Conclusion
The Indian judiciary has progressively adapted to modern technology by recognizing dying declarations made through electronic means as valid and admissible, provided:
The declarant is properly identified.
The statement is voluntary and credible.
The cause of death is directly addressed.
Electronic medium is authenticated.
These developments ensure flexibility without compromising fairness or evidentiary standards.
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