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Conversely, some cases highlight the importance of examining the circumstances under which the statement was made, especially if the victim was under pressure or stress, which could impact voluntariness and reliability ["Ajay Kuli S/O Lt. Debeswar Kuli vs State Of Assam - Gauhati"], ["Ajeet Singh Constable VS State of U. P. - Allahabad"].
Analysis and Conclusion:
References:- ["Hare Ram Mandal S/o Late Mahabir Mandal vs State of Bihar - Patna"]- ["Ajay Kuli S/O Lt. Debeswar Kuli vs State Of Assam - Gauhati"]- ["Anant Ram VS State of Rajasthan - Rajasthan"]- ["Goldy VS State of Haryana - Punjab and Haryana"]- ["State VS Tarak Sikdar - Calcutta"]- ["Ajeet Singh Constable VS State of U. P. - Allahabad"]- ["IND_SCDRC00000039391"]
In high-stakes criminal cases, such as those involving murder or severe injuries, dying declarations often serve as pivotal evidence. But what happens when the victim's blood pressure is recorded as nil or extremely low at the time of making the statement? The statement made by the victim when his Blood Pressure found nil can the statement relied by the Court? This question strikes at the heart of evidentiary reliability under Indian law, particularly Section 32 of the Indian Evidence Act, 1872.
Dying declarations carry significant weight because they are made under the shadow of impending death, presumed to be truthful. However, courts have consistently emphasized that such statements must be voluntary, conscious, and made in a fit state of mind. When medical evidence points to a critical condition—like zero blood pressure—the reliability crumbles. This article delves into judicial precedents, medical considerations, and practical insights to clarify this nuanced issue.
A dying declaration is admissible as an exception to the hearsay rule, but its probative value hinges on several factors:- Voluntariness: No coercion or tutoring.- Consciousness: The declarant must be mentally fit to comprehend and articulate facts.- Medical Certification: Ideally, a doctor should confirm the victim's fitness before recording.
Courts typically require corroboration, especially if the declarant's condition raises doubts. As noted in legal analyses, the physical state or injuries on the declarant do not by themselves become determinative of mental fitness of the declarant to make the statement Sudhir Mahana, Son of Dharnidhar Mahana vs State of Chhattisgarh - 2025 0 Supreme(Chh) 3. Yet, extreme conditions like zero blood pressure signal impaired faculties, often rendering the statement unreliable Jagannath Kundu VS State of West Bengal - 2022 0 Supreme(Cal) 168.
Medical testimony is paramount. Low or unrecordable blood pressure, especially with severe burns (e.g., 100%), indicates shock, unconsciousness, or delirium. In one case, the attending doctor (PW-11 Dr. Goutam Mukherjee) deposed: on 03.03.1998 at 10.30 p.m he examined the victim and the general condition of the victim was too low to deliver dying declaration at that time and she remained under his care for further surgical management Jagannath Kundu VS State of West Bengal - 2022 0 Supreme(Cal) 168. The injury report (Exhibit 5) corroborated this, aligning with post-mortem findings of severe burns Jagannath Kundu VS State of West Bengal - 2022 0 Supreme(Cal) 168.
Similarly, another judgment stresses: in a case like the present one where the condition of the injured was serious and his blood pressure was not recordable, without getting the opinion of the doctor that the patient was in a fit condition for making statement his statement should not have been recorded Hari Singh VS State of Madhya Pradesh - 2019 Supreme(SC) 1053. This casts grave doubt on admissibility under Section 161 Cr.P.C. or as a dying declaration.
Without parameters like pulse rate or blood pressure recorded, reliability further erodes. PW 12 in a related matter admitted not noting these essentials or detecting kerosene smell, yet the prosecution relied on the declaration—highlighting the need for thorough medical scrutiny Ram Mukherjee VS State of West Bengal - 2023 Supreme(Cal) 267.
Indian courts, including the Supreme Court, have scrutinized these scenarios rigorously. In Bhagwan v. State of Maharashtra (2019) 8 SCC 95, a 92% burn victim's declaration was accepted due to doctor's certification of consciousness Jagannath Kundu VS State of West Bengal - 2022 0 Supreme(Cal) 168. Contrastingly, where evidence showed gasping, 100% burns, and nil BP, courts held: the percentage and degree of burns would not, by itself, be decisive of the credibility of dying declaration; and the decisive factor would be the quality of evidence about the fit and conscious state of the declarant to make the statement Himmat Singh S/o Bhanwar Singh vs State of Rajasthan - 2025 0 Supreme(Raj) 1872.
In cases of doubt, courts demand corroboration. For instance, inconsistent testimonies or uncorroborated medical evidence led to acquittals in sexual offense matters under POCSO, underscoring: the prosecution failed to prove the charges beyond reasonable doubt due to contradictions in evidence and lack of corroboration with medical evidence Ramjeet Yadav @ Ranjit Yadav, S/o. Late Gumani Yadav VS State of Bihar. Though not directly dying declarations, this reinforces the principle that medical lapses undermine statements Pramod Dutta @ Ludu Dutta @ Prabodh Dutta @ Prabodh Ch. Dutta VS State of Jharkhand - 2024 Supreme(Jhk) 74.
Another ruling clarified: Doctor’s consent whether deceased was in a fit condition to make statement not sought - Reliance cannot be placed on it to convict the accused Hari Singh VS State of Madhya Pradesh - 2019 Supreme(SC) 1053. Post-recording mismatches, like unsigned declarations or delayed FIRs, compound unreliability Hari Singh VS State of Madhya Pradesh - 2019 Supreme(SC) 1053.
Not all low BP cases doom a declaration:- Certified Fitness: If a doctor attests consciousness, as in 92% burn cases Sudhir Mahana, Son of Dharnidhar Mahana vs State of Chhattisgarh - 2025 0 Supreme(Chh) 3.- Consistent Corroboration: Ocular evidence or multiple declarations supporting it.- Overall Context: Courts evaluate holistically; transient BP dips (e.g., due to excitement) may not invalidate if rational answers given VIPIN VISWANATHAN vs STAFF SELECTION COMMISSION - 2021 Supreme(Online)(KER) 22841.
In one dowry death case, despite burns, the declaration was deemed truthful, voluntary, and not a product of tutoring or prompting because prosecution proved fitness Ram Mukherjee VS State of West Bengal - 2023 Supreme(Cal) 267. However, zero BP typically tips the scale against reliance without ironclad medical backing Satbir Singh VS State Of Haryana - 2010 0 Supreme(P&H) 2703.
To navigate these challenges:- Seek Medical Certification: Always obtain doctor's opinion pre-recording.- Record Vital Signs: Note BP, pulse, and consciousness level.- Corroborate Evidence: Rely on multiple sources, not solely the declaration.- Scrutinize Thoroughly: Defense should highlight medical contradictions; prosecution must prove fitness beyond doubt.
Legal professionals emphasize: Medical certification or expert testimony regarding the declarant’s mental state at the time of the statement is essential for the declaration’s reliability Satbir Singh VS State Of Haryana - 2010 0 Supreme(P&H) 2703. In doubt, courts should demand further evidence Jagannath Kundu VS State of West Bengal - 2022 0 Supreme(Cal) 168.
Generally, a victim's statement when blood pressure is nil cannot be reliably used as a dying declaration if medical evidence shows mental incapacity. Courts prioritize the declarant's fit state, as compromised conditions like zero BP undermine voluntariness and truthfulness Satbir Singh VS State Of Haryana - 2010 0 Supreme(P&H) 2703Jagannath Kundu VS State of West Bengal - 2022 0 Supreme(Cal) 168Sudhir Mahana, Son of Dharnidhar Mahana vs State of Chhattisgarh - 2025 0 Supreme(Chh) 3Himmat Singh S/o Bhanwar Singh vs State of Rajasthan - 2025 0 Supreme(Raj) 1872.
Key Takeaways:- Medical evidence trumps injury extent.- Certification is crucial, not optional.- Always seek corroboration.
This article provides general insights based on precedents and is not legal advice. Consult a qualified lawyer for case-specific guidance. References include Satbir Singh VS State Of Haryana - 2010 0 Supreme(P&H) 2703, Jagannath Kundu VS State of West Bengal - 2022 0 Supreme(Cal) 168, Sudhir Mahana, Son of Dharnidhar Mahana vs State of Chhattisgarh - 2025 0 Supreme(Chh) 3, Himmat Singh S/o Bhanwar Singh vs State of Rajasthan - 2025 0 Supreme(Raj) 1872, Hari Singh VS State of Madhya Pradesh - 2019 Supreme(SC) 1053, Ram Mukherjee VS State of West Bengal - 2023 Supreme(Cal) 267, Pramod Dutta @ Ludu Dutta @ Prabodh Dutta @ Prabodh Ch. Dutta VS State of Jharkhand - 2024 Supreme(Jhk) 74, Ramjeet Yadav @ Ranjit Yadav, S/o. Late Gumani Yadav VS State of Bihar, VIPIN VISWANATHAN vs STAFF SELECTION COMMISSION - 2021 Supreme(Online)(KER) 22841.
#DyingDeclaration #LegalEvidence #CourtRulings
The victim has deposed firmly and without any deviation from her earlier statement made before the police. ... Mihir Kumar Verma (P.W.-8) is another Doctor who has treated the victim (P.W.-1) in Sadar hospital, Supaul. He had examined the blood of the victim and found that it was of Group – A+. Her injury report has been marked Ext.-1/3. 22. ... This Court finds that the mother of the victim has also been examined as (P.W.-3) and s....
Section 157 of the EVIDENCE ACT makes it clear that a statement recorded under Section 164 CrPC, can be relied upon for the purpose of corroborating statements made by witnesses in the committal court or even to contradict the same. ... He also denied that the blood which he saw was of a pig. He stated that the motorcycle of the victim was found near the house of the appellant Ajay Kuli in the school field. He denied the suggestion that he was deposing falsely. ... ....
Jamtara who had recorded the statement of the victim under Section 164 Cr.P.C. has not written that the victim had given the statement willingly and voluntarily without any coercion and pressure. ... P.W.-2, under Section 164 of the Cr.P.C. that the victim had given the statement willingly and voluntarily without any coercion and pressure from any corner and therefore, the inference of the learned Court below that the stat....
of 154 systolic and 70 diastolic ; he took a second blood pressure reading after letting the boy rest for a while and found the systolic pressure then to be 144. ... The learned Judge has not held and plaintiff's counsel has not argued that, in making his report on 14th July, 1949, the defendant was negligent in regard to his taking of the blood pressure or in the conclusion he formed upon the blood pressure as then found by ....
The same was confirmed by four different readings/Blood Pressure recording which were mentioned in Form No.4 to each petitioner. Further, the Blood Pressure of the candidates were examined four times at interval of two hours each. ... The raise in Blood Pressure of the petitioners have not transient in nature or due to excitement etc. or due to any organic diseases. ... Arvind Kumar Srivastava and others [(2015) 1 SCC 347] are relied on. 4.A statement#HL_EN....
However, in cross examination, PW 12 had stated that, he did not find smell of kerosene oil either on the body of the victim or upon the wearing apparels of the victim. He did not record the essential parameters of the patient like her pulse rate, blood pressure et cetera. ... made by such victim subsequently. ... The prosecution has relied upon the dying declarations of the victim to bring home the charges. ... He had stated that, he examined the #H....
P. 15 of the Serologist, human blood was found on it. The recovery of the knife with human blood on it affords a very valuable corroboration to the dying declarations. ... 15. ... It was he who made an assault on the victim and inflicted injuries with knife to her in her abdomen and lower parts. The contention of the learned Counsel that accused was convicted on nil or suspicious evidence holds no ground. ... 17. ... The discovery of knife in consequence of the disclosure st....
One almirah is visible, but that is at a distance from the place where the blood was found. Thus, the defence version is not supported by any material on record and cannot be relied upon. 21. Bandana (PW2) corroborated the informant’s statement. ... ASI Yash Pal (PW14) stated that he found blood stains on the floor of the room. He found a blood-stained knife and seized it after measuring it. He found a blood-staine....
Pupil L/C/R/P (WNL) ACL/ well found deep (WNL) Lens L/Clear nature of injuries simple. Cause of injuries-Intravenous pressure due to strangulation rised. Victim girl complain pain in neck-No pressure marks in around neck. 7-Secondary Sexual Character-Not developed. ... We have perused the impugned judgment and order of the trial court as well as the lower court's records. We have considered the rival submissions made on behalf of the parties as noted above. ... When she did not find t....
Statement under Section 164 Cr.P.C. and statement given before the court below by the victim were under the pressure and duress of the parents of the victim. There is material improvement in the aforesaid statements of the victim. ... P.W.-7 did not found any injury of pinching on the body of the victim and no injury or blood was found on the vagina of the victim. Hymen was #HL_S....
C and thereafter, the victim in his evidence before the trial Court had also given the same statement. Thus, the victim has been consistent in his stance. And this clearly shows that the statement and deposition of the victim was true statement of the fact of the case. The said statements and the evidence of the victim are well corroborated by the evidence of the other witnesses as well as the medical evidence. 11. In the instant case, since the victim was a child aged about 8 (eight) years which is below the age of 18 (eighteen) years, the Special Court (POCSO) presumed th....
19. PW-2 has also been examined by the Presiding Officer found that the victim is mature and sensible and her statement can be relied upon. She has clearly stated that while returning from the school she had to cross the house of accused appellant and when she reached the house of the accused appellant he grabbed her and brought her inside the Ghaari and raped her. She has stated that the accused appellant had covered her mouth so that she may not shout and after committing rape the accused appellant left her.
We make it clear that we are not in any way indicating that such a statement cannot be read as a dying declaration. In fact, that would make such a statement inadmissible under Section 161 Cr.P.C. However, in a case like the present one where the condition of the injured was serious and his blood pressure was not recordable, without getting the opinion of the doctor that the patient was in a fit condition for making statement his statement should not have been recorded. The manner in which the statement has been recorded casts a grave doubt with regard to the admissibility ....
After recording his satisfaction that the statement being given by the victim was voluntary, without any fear or pressure, the learned Presiding Officer recorded his statement. He was picking up the coins thrown by the individuals present there. The learned Presiding Officer put various preliminary questions before recording his statement to ascertain if he was a competent witness and able to give rational answers to the questions put to him. The victim disclosed that on 04.12.2014 at around 9.45 p.m., he was present at Namkeen Chowk, Gali No.2, Subhash Park where a ‘party’....
His blood pressure was 130/80 and urine sugar was found nil. It means that doctor as such dental surgeon had taken a good deal of precaution before extracting left side tooth of complainant’s husband. 8. The papers maintained by the opposite party-doctor concerning this patient thus, show that he had checked this patient on 7.1.04. B.S.L.(R) was 130 mg. 10% .This would clearly show that before operation of extracting tooth of left side, doctor had conducted blood sugar test along with blood pressure test.
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