Sanjay Kumar Sharma v. State of Bihar 2026 INSC 223 - Evidence Act - Dying Declaration - S.313 CrPC

Indian Evidence Act 1872 - Section 32 - Dying Declaration - Dying declaration is a very important species of evidence capable of proving the crime proper and identifying the accused, an exception to hearsay having been provided by Section 32 of the Indian Evidence Act. That, a dying declaration, for reliance should inspire confidence in the Court as to its credibility. That, the Court should be satisfied it is made by the deceased without any prompting or tutoring or coercion or is a mere figment of imagination. That, then conviction can be based solely on the dying declaration and there is no requirement of any corroboration. That, it can be reduced to writing or can be oral, as testified by reliable witnesses. That, it can be one or numerous and if more than one; exculpatory and inculpatory, it is for the Court to find out which is believable. That, it can be a lengthy one or a short one, so far as the crime is spoken of and identification of the perpetrator comes through. That, it can be a single narrative or in a question and answer form. That, it can either have a history of the rancour between the perpetrator and the victim or can be merely the brief statement of the incident. That, the capacity of the injured to make the statement, both physical and mental, need not be necessarily certified by a doctor and would rest again on the satisfaction of the Court on an analysis of the testimony of the various witnesses and the other evidence coming forth in trial. That, if the Court is satisfied of the fit state of mind of the injured from the evidence on record, a contrary medical opinion or an absence of it will be inconsequential. That, it can be made before a Magistrate; Executive or Judicial, a Doctor, a Police Officer, a relative or a third party whose presence is not doubtful. That, the desire of the declarant to live, through the truth despite fear of imminent death cannot be easily brushed aside. The decisions also caution us that if the statement is doubtful then one or more of the above aspects could result in the dying declaration being eschewed completely; based on the facts of each case. hat, if there is an iota of suspicion the Court has to look for corroboration. That, the medical certification as to the physical and mental state always aids in arriving at a satisfaction. That, in the wake of multiple grievous injuries or a higher percentage of burns, the declaration could be in question and answer form, lending more credence as actually spoken of by the injured as opposed to a long drawn out narrative, which could be mistook as supplied by interested related parties. That, a dying declaration recorded by the Judicial Magistrate, adds credence since they are trained to record such declarations. That, as far as possible, the recording is to be done in the presence of the Doctor and definitely not in the presence of numerous bystanders; which could lead to a defence being raised of prompting and tutoring. That, the veracity of the declaration has to come forth from the attendant circumstances as brought out in evidence. (Para 13-14)

Criminal Investigation - Overzealous investigation is as fatal to prosecution as are the lethargic and the tardy. Framing a case on public perceptions and personal predilections ends up in a mess, often putting to peril an innocent and always letting free the perpetrator. (Para 1) We cannot but caution the investigators and the Courts to strive to do better and follow accepted practises and procedural rules to the hilt, when lives are lost or taken and there is a possibility of false accusations being made, putting to peril the reputations of the living. (Para 32)

Indian Evidence Act 1872 - Section 32 - Dying Declaration - Oral - There cannot be any insistence that the exact words of the victim should come out from the witnesses. What has been narrated conveys the culpability, if it can be believed. (Para 21)

Code of Criminal Procedure 1973 - Section 313- The incriminating circumstances that come out in a trial are to be put to the accused in its entirety, a solemn duty enjoined both on the Court and the Prosecutor equally, failing which the entire prosecution may fail for that sole reason. (Para 31)