The Bharatiya Sakshya Adhiniyam (BSA) 2023 addresses dying declarations. Which principle regarding dying declarations under BSA (replacing Indian Evidence Act Section 32) is MOST important for a doctor recording such a declaration?

• A A dying declaration is admissible as substantive evidence only if recorded by a Magistrate
• B The declarant must be in a fit state of mind to make the statement; the doctor must certify mental fitness before or at the time of recording ✓
• C The doctor must record the declaration word-for-word in English only
• D A dying declaration requires at least two independent witnesses to be valid

Explanation

A dying declaration (statement made by a person who believes they are about to die regarding the cause or circumstances of their death) is admissible as substantive evidence under BSA 2023 (formerly IEA Section 32(1)). The critical requirement is that the declarant was in a fit state of mind (lucid and coherent) at the time of making the statement. When a doctor is present, their certification of the patient's mental fitness at the time of recording gives the declaration its legal validity. It does NOT need to be recorded by a Magistrate (A) — any reliable person can record it, including a doctor or police officer. A dying declaration recorded by a doctor who certifies mental fitness is fully admissible without a Magistrate. The language (C) and witness requirements (D) are not absolute legal requirements.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.