The Person Who Wrote It Matters: Why “Who Recorded the Dying Declaration” Can Make or Break a Case

 Proper Identification of the Recording Officer in Dying Declaration Cases

Proper identification of the recording officer is a critical procedural requirement in dying declaration cases that ensures the authenticity, reliability, and admissibility of such statements. This principle, established through various Supreme Court judgments and procedural guidelines, encompasses several key aspects that must be meticulously followed.

Hierarchy of Authority for Recording Officers

The Supreme Court has established a clear hierarchy of preferred authorities for recording dying declarations, with specific identification requirements for each level:

1. Judicial Magistrates (Highest Preference)

Judicial Magistrates hold the highest authority for recording dying declarations and are considered the most competent officers for this purpose. The identification requirements include:

• Proper designation and jurisdiction: The recording officer must be identified as a Chief Judicial Magistrate or senior-most Judicial Magistrate present at the headquarters.​

• Territorial jurisdiction: The magistrate must have proper jurisdiction over the area where the declaration is being recorded​

• Official capacity: The officer must be acting in their official capacity as a stipendiary Judicial Magistrate.​

The High Court Rules specifically mandate that "on receiving such application, the Judicial Magistrate shall at once either himself proceed, or depute some other stipendiary Judicial Magistrate to record the dying declaration"​. This ensures clear identification of the recording authority and maintains the chain of responsibility.

2. Executive Magistrates (Secondary Authority)

When Judicial Magistrates are not available, Executive Magistrates can record dying declarations​. The identification requirements include:

• Proper designation as an Executive Magistrate with competent authority

• Territorial jurisdiction over the area of recording

• Official capacity verification at the time of recording

The Supreme Court has recognized that "Executive Magistrates are recording the Dying Declarations" in various parts of the country when Judicial Magistrates are unavailable.

3. Police Officers (Emergency Situations)

Police officers can record dying declarations in emergency situations, but with stricter identification requirements. The Supreme Court has clarified that "dying declaration does not become inadmissible merely because it was recorded by police personnel".

The identification requirements for police officers include:

• Rank and designation of the recording officer

• Official capacity and jurisdiction

• Justification for recording when higher authorities are unavailable

• Witness attestation requirements

The procedural guidelines mandate that "where a dying declaration is recorded by a police officer or a medical officer, it shall, so far as possible, be got attested by one or more out of the persons who happen to be present at the time"

4. Medical Officers

Medical officers can record dying declarations, particularly when they are attending to the victim. The identification requirements include:

• Medical qualification and registration

• Official capacity at the treating hospital or medical facility

• Duty status at the time of recording

• Professional competence to assess the declarant's mental fitness

Specific Identification Documentation Requirements

Personal Identification

The recording officer must be properly identified through:

• Full name and designation

• Official identification number or service number

• Posting and jurisdiction details

• Date and time of recording.​

Authority Verification

The officer must establish their competent authority through:

• Legal authority to record statements

• Territorial jurisdiction over the case

• Official capacity at the time of recording

• Proper delegation if acting on behalf of a superior​

Procedural Compliance

The recording officer must demonstrate procedural compliance by:

• Noting the circumstances that necessitated their recording the declaration

• Explaining why higher authorities were not available (if applicable)​

• Certifying the declarant's fitness to make the statement​

• Ensuring witness attestation when required.​

Documentation and Certification Requirements

Officer's Certificate

The recording officer must certify several key aspects.

• Fitness of the declarant to make the statement

• Correctness and faithfulness of the recorded statement

• Absence of prompting or suggestion from interested parties

• Proper recording procedure followed

The rules mandate that "the Judicial Magistrate or other officer recording a dying declaration shall at the conclusion of the dying declaration certify that declarant was fit to make a statement and it contained a correct and faithful record of the statement made by him"

Witness Identification

When dying declarations are recorded by officers other than Judicial Magistrates, proper identification of witnesses becomes crucial

• Names and addresses of witnesses present

• Their relationship to the case (ensuring they are not interested parties)

• Their signatures on the declaration

• Their capacity to witness the proceedings

Contemporary Judicial Guidance

Recent Supreme Court decisions have reinforced the importance of proper identification. In State of Jharkhand v. Shailendra Kumar Rai (2022), the Court emphasized that "the issue of whether a dying declaration recorded by the police is admissible must be decided after considering the facts and circumstances of each case".

The Court has consistently held that "it is not the plurality of the dying declarations but the reliability thereof that adds weight to the prosecution case". This principle extends to the identification of recording officers, where reliability and competence matter more than mere formal authority.

Practical Implementation Guidelines

Emergency Situations

In emergency situations where immediate recording is necessary, the identification requirements become more flexible but not eliminated​:

• Any person can record a dying declaration if no official is available

• Proper identification of the recording person remains essential

• Witness attestation becomes more critical

• Subsequent verification by competent authorities may be required

Hospital Settings

In hospital settings, the identification requirements often involve multiple officers:

• Attending medical officer for fitness certification

• Recording officer (magistrate, police, or medical officer)

• Hospital staff as witnesses

• Administrative personnel for documentation

Evidentiary Impact of Proper Identification

The proper identification of the recording officer directly impacts the evidentiary value of the dying declaration:

• Enhanced credibility when recorded by higher authorities

• Increased scrutiny when recorded by police officers

• Corroboration requirements based on the recording officer's authority

• Admissibility challenges when identification is inadequate

The Supreme Court has established that "in case there are multiple dying declarations and there are inconsistencies between them, generally, the dying declaration recorded by the higher officer like a Magistrate can be relied upon, provided that there is no circumstance giving rise to any suspicion about its truthfulness"

Conclusion

Proper identification of the recording officer serves as a fundamental safeguard in dying declaration cases, ensuring that the last words of a victim are recorded with appropriate authority, competence, and reliability. This requirement balances the need for immediate recording in emergency situations with the necessity for maintaining evidentiary standards that protect the rights of both victims and accused persons. The established hierarchy of authorities, combined with specific identification and certification requirements, creates a comprehensive framework that enhances the credibility and admissibility of dying declarations in criminal proceedings.

Print Page