The apex court of the country, namely the Supreme Court of India continues to surprise us pleasantly and how; in it's latest epochal or landmark judgement, the Supreme Court in it's infinite wisdom has said that anyone in close proximity to a dying person can record his/her dying declaration blaming or accusing those responsible for his/her present predicament...........
Yes, you heard and saw it right folks, ordinary and mundane sons/daughters of the soil like you and me will henceforth have the onerous responsibility and right of recording a dying person's last decree or declaration, which simply means that you need not be a police officer, doctor or judicial magistrate in order to record the dying declaration.......
The Supreme Court has found that the above dictum of anybody being able to record the dying declaration of a person is legal and valid as per the existing laws of the country especially in the case of a person or persons dying of burn or fire related injuries.......
"The law on the issue can be summarised or paraphrased to the effect that the law does not provide or specify who can record a dying declaration, nor is there any prescribed form, format or procedure for the same", said a two judge bench of the Supreme Court while reversing a High Court judgement acquitting the accused in a dowry death case......
The only caveat or condition prescribed by the Supreme Court in this regard is that the person duly recording or transcribing the dying declaration of a person should make sure or certify the fact that the person making the dying declaration was in a fit state of mind to do so or in other words was not delirious while making his/her dying declaration...........
"The person who records a dying declaration must firstly satisfy himself or herself and be doubly sure of the fact that the person making the statement is in a fit or able state of mind and alert or conscious enough to do so or in other words capable of making such a statement", the judge who authored the judgement on behalf of the Supreme Court said..........
Yes, you heard and saw it right folks, ordinary and mundane sons/daughters of the soil like you and me will henceforth have the onerous responsibility and right of recording a dying person's last decree or declaration, which simply means that you need not be a police officer, doctor or judicial magistrate in order to record the dying declaration.......
The Supreme Court has found that the above dictum of anybody being able to record the dying declaration of a person is legal and valid as per the existing laws of the country especially in the case of a person or persons dying of burn or fire related injuries.......
"The law on the issue can be summarised or paraphrased to the effect that the law does not provide or specify who can record a dying declaration, nor is there any prescribed form, format or procedure for the same", said a two judge bench of the Supreme Court while reversing a High Court judgement acquitting the accused in a dowry death case......
The only caveat or condition prescribed by the Supreme Court in this regard is that the person duly recording or transcribing the dying declaration of a person should make sure or certify the fact that the person making the dying declaration was in a fit state of mind to do so or in other words was not delirious while making his/her dying declaration...........
"The person who records a dying declaration must firstly satisfy himself or herself and be doubly sure of the fact that the person making the statement is in a fit or able state of mind and alert or conscious enough to do so or in other words capable of making such a statement", the judge who authored the judgement on behalf of the Supreme Court said..........
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