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2023 6 Supreme 587 : A statement by an injured person recorded as an FIR can be treated as a dying declaration under Section 32 of the Indian Evidence Act, 1872, provided the maker of the statement is dead and the statement relates to the cause of death or circumstances of the transaction leading to death. Such a dying declaration is admissible in evidence and can form the sole basis for conviction without requiring corroboration. This principle was affirmed in the case of Munnu Raja and another v. State of M.P., (1976) 3 SCC 104, where the Supreme Court held that an FIR lodged by a deceased person after being assaulted, and who subsequently died, qualifies as a dying declaration. The Court emphasized that the mere fact that the statement was recorded as an FIR does not disqualify it from being treated as a dying declaration. Furthermore, the law does not require corroboration for a dying declaration to be acted upon, although its probative value must be assessed based on the facts and circumstances of each case.Checking relevance for Bhajju @ Karan Singh VS State of M. P. ...

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2000 5 Supreme 381 : A statement recorded by an investigating officer at a hospital, which was treated as an FIR, can be admissible as a dying declaration under Section 32(1) of the Indian Evidence Act, 1872, provided that at the time of recording the statement, the officer did not possess the capacity of an investigating officer because the investigation had not yet commenced. The court held that such a statement, made by a deceased person referring to the circumstances leading to his death, can be treated as a dying declaration and is admissible in evidence, even if recorded by an investigating officer, as long as the officer was not acting in an official investigative capacity at the time.Checking relevance for S. Arul Raja VS State of Tamil Nadu...

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2006 7 Supreme 442 : The legal document states that when a statement of an injured person is recorded, and she subsequently dies, that statement may also be treated as a First Information Report (FIR). This is particularly relevant in the context of a dying declaration, which is admissible under Section 32 of the Indian Evidence Act. The court held that a dying declaration, even if not recorded by a Magistrate, may still be admissible and cannot be rejected solely on that ground, provided it is voluntary and not tutored. In this case, the dying declaration was recorded by a doctor in the presence of other doctors and was found to be voluntary and reliable, thus qualifying as a valid dying declaration that could be treated as an FIR.Checking relevance for State Of Rajasthan VS Bhup Singh...

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2025 0 Supreme(All) 2154 : The Hon''''ble Supreme Court in the case of Munnu Raja and another v. State of M.P., MANU/SC/0174/1975: (1976) 3 SCC 104, has held that a statement recorded as an FIR by an injured person can be treated as a dying declaration under Section 32(1) of the Indian Evidence Act, provided the person dies as a result of the injuries sustained. The Court emphasized that the statement made by the deceased soon after the incident, even if recorded as an FIR, is admissible as a dying declaration if the deceased succumbed to the injuries. This principle was further affirmed in Harendra Rai v. The State of Bihar and others, MANU/SC/0905/2023, where the Court ruled that an FIR/Bayan Tahriri can be treated as a dying declaration and is admissible under Section 32 of the Evidence Act, without requiring corroboration.Checking relevance for State Of Gujarat vs Manojbhai Madhubhai Surti...

2025 0 Supreme(Guj) 1414 : The statement by an injured person recorded as an FIR can be treated as a dying declaration and is admissible under Section 32 of the Indian Evidence Act. This was affirmed by a three-Judge Bench of the Apex Court in Harendra Rai vs. The State of Bihar & Ors. (2023 LiveLaw (SC) 664), which held that such a statement, if made by an injured person who subsequently dies, can be considered a dying declaration or last statement, and can serve as the sole basis for conviction without requiring corroboration.

Summary on the Declaration of Civil Death and Mandatory Lodging of FIR

Key Points and Insights

• FIR Lodging is Mandatory Under Section 154 Cr.P.C. The registration of an FIR is a legal obligation when information about cognizable offences is received, and no preliminary inquiry is permissible at that stage. This is supported by Supreme Court judgments such as Lalita Kumari (supra), which emphasize the mandatory nature of FIR registration to ensure prompt investigation and accountability 2022 0 Supreme(Pat) 679, 2023 0 Supreme(Cal) 1303.

• Delay in Lodging FIR and Its Implications Several cases highlight that delays (ranging from 8 to 10 hours or more) in lodging FIRs are scrutinized but do not necessarily invalidate the FIR itself. The absence of a plausible explanation for delay can affect the credibility of the prosecution’s case but does not make FIR non-mandatory 2024 0 Supreme(All) 642, 2024 0 Supreme(All) 994, 2023 0 Supreme(Bom) 1092, 2024 0 Supreme(All) 642.

• FIR and Evidence of Cause of Death Statements regarding the cause of death or circumstances leading to death, including dying declarations, are relevant facts when the cause of death is in question. Such declarations are admissible even if the declarant was not in expectation of death, provided they are made in extremity and are truthful 2025 0 Supreme(All) 2313, 2023 0 Supreme(Cal) 1303.

• Civil Death Declaration A suit for declaration of civil death is generally not maintainable unless the legal heirs seek such declaration based on the absence of the person and other legal criteria. Police investigation and final reports are not mandatory for such declarations, which are civil in nature and involve legal character assessments 2022 0 Supreme(All) 451.

• Role of Medical Examination and Soundness When considering dying declarations or statements made by the injured or deceased, the soundness of mind and mental state are important, but the absence of a medical certification does not automatically invalidate such declarations if they are otherwise credible 2024 0 Supreme(Raj) 1674.

Analysis and Conclusion

• Mandatory Nature of FIR Lodging The law clearly mandates the registration of FIR under Section 154 Cr.P.C. upon receiving information about cognizable offences, as reaffirmed by Supreme Court rulings. Delay in lodging FIR, while scrutinized, does not negate this obligation but may influence evidentiary weight.

• Filing of Civil Death Declarations Declaring civil death requires legal proceedings and is separate from police investigations. The police are not required to submit final reports for civil death declarations, which are civil remedies sought by heirs or interested parties.

• Implication for Civil Death Lodging and FIR While FIR lodging is mandatory for criminal proceedings, civil declarations of death serve different legal purposes. The evidence and procedural requirements differ, but both processes aim to establish facts for legal recognition of death.

In summary, the lodging of an FIR is a mandatory statutory requirement in criminal cases involving cognizable offences, irrespective of delays, provided the information discloses a cognizable offence. Civil death declarations, however, are civil remedies that do not depend on FIR registration but require proper legal proceedings.

References:

• 2022 0 Supreme(Pat) 679, 2023 0 Supreme(Cal) 1303, 2024 0 Supreme(All) 642, 2024 0 Supreme(All) 994, 2023 0 Supreme(Bom) 1092, 2022 0 Supreme(All) 451, 2024 0 Supreme(Raj) 1674, 2025 0 Supreme(All) 2313