Dying Declaration Without Doctor's Fitness Certificate? Allahabad HC Explains the Doctor's Role

A doctor's certificate specifically stating that a patient was in a "fit state of mind" is not a mandatory legal requirement for a dying declaration to be accepted as evidence, the Allahabad High Court has ruled. Instead, the court said the key question is whether the declaration was voluntary, truthful, and free from tutoring, prompting, or any suspicious circumstances.

The observation came in Suhail v. State of Uttar Pradesh (2026 LiveLaw (AB) 343), where a Division Bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi upheld the husband's conviction for murdering his wife while clarifying the legal role of a doctor's certification during the recording of a dying declaration.

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A dying declaration is a statement made by a person about the circumstances leading to their death or the cause of the injuries that ultimately result in their death. Under Indian evidence law, such a statement can be admitted as evidence because it is presumed that a person facing imminent death is unlikely to make a false statement.

Unlike ordinary witness testimony, a dying declaration may be relied upon even though the maker cannot be cross-examined. Courts, however, closely examine whether the declaration was made voluntarily, consistently, and without external influence before treating it as reliable evidence. Previous Supreme Court decisions have also held that a truthful and reliable dying declaration can, by itself, form the sole basis of a conviction without requiring independent corroboration.

In practice, doctors are frequently asked to examine the patient before a dying declaration is recorded. They usually certify whether the patient is conscious, oriented, and capable of giving a statement.

Such certification serves as an important safeguard because it helps establish that the patient was medically capable of making a reliable statement at that time. It also strengthens the evidentiary value of the declaration during trial.

However, the Allahabad High Court clarified that while obtaining a doctor's endorsement regarding mental fitness is considered a prudent practice, the absence of a specific certificate stating that the patient was in a "fit state of mind" does not automatically invalidate an otherwise reliable dying declaration.

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The case arose from the death of Sanno, who sustained approximately 95% superficial to deep thermal burns after allegedly being set on fire by her husband over dowry demands, including a demand for a four-wheeler, and taunts regarding her childlessness. She later died of septicemia on November 30, 2017.

During the trial, several prosecution witnesses, including the victim's mother, turned hostile. Nevertheless, the trial court convicted the husband based primarily on the dying declaration recorded by a Naib Tehsildar and the testimony of the doctor, who certified that the victim was conscious and able to speak when her statement was recorded.

Before the High Court, the husband argued that because the victim had suffered 95% burns and no doctor had specifically certified that she was in a "fit state of mind," the dying declaration should not be relied upon. He also claimed that the incident was accidental, alleging that a kerosene lamp fell while the victim was cooking.

Rejecting these arguments, the High Court noted that the doctor's endorsement confirming that the victim was conscious and capable of speaking was sufficient in the facts of the case. The Bench observed:

The court also found that no member of the victim's parental family was present when the statement was recorded, reducing the possibility of tutoring or prompting. It further observed that the husband's conduct after the incident did not support his claim of an accidental fire. According to the judgment, instead of taking his severely injured wife to hospital or informing the police, he fled the scene, while her parents arranged for her treatment. The Bench concluded that this conduct supported the prosecution's case that the death was homicidal rather than accidental.

Accordingly, the High Court upheld the husband's conviction under Sections 302 and 498A of the Indian Penal Code and the sentence of life imprisonment. However, it acquitted the father-in-law, holding that the evidence regarding his involvement was doubtful, particularly as the site plan showed he lived separately.

The Allahabad High Court relied on the Constitution Bench judgment in Laxman v. State of Maharashtra (2002), which held that a doctor's certification regarding the declarant's mental fitness is a rule of prudence and not a mandatory requirement of law.

The Constitution Bench observed that what is essential is that the person recording the dying declaration must be satisfied that the declarant was in a fit condition to make the statement. The court may rely on a dying declaration if it is found to be voluntary, truthful, and free from tutoring or prompting, even in the absence of a specific medical certification stating that the patient was in a "fit state of mind."

(Rh/ARC/MSM)