An injured person gives the police a statement about the circumstances that lead to their death. The…
Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023, makes a deceased person's statement relevant when it concerns the cause of death or the circumstances of the…
Choose your answer
An injured person gives the police a statement about the circumstances that lead to their death. The police record it as a first information report (FIR). The cause of death is in issue, and the court is satisfied that the statement was voluntary and made in a fit state of mind. Can it be treated as a dying declaration despite the absence of a medical fitness certificate?
Answer and explanation
Correct answer C
Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023, makes a deceased person's statement relevant when it concerns the cause of death or the circumstances of the transaction resulting in death, and the cause of death is in question.
The court must assess fitness and voluntariness. A medical fitness certificate is useful evidence, and its absence alone does not bar a qualifying police-recorded FIR.
Option feedback
Option A
A certificate is a safeguard, but reliable evidence may otherwise establish fitness.
Option B
Recording by a magistrate can support reliability. It is not an indispensable condition.
Option C
The statement relates to the circumstances of the death, and the court is satisfied about fitness and voluntariness. The FIR format and absence of a certificate do not bar it.
Option D
The FIR format alone does not establish admissibility. The statement must meet the statutory requirements for a dying declaration.
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