Any literate and responsible person can record the dying declaration of a victim and it cannot be restricted to a particular person with specific qualifications, ruled the Bombay High Court on Thursday.
The high court observed: "This is obviously because in the nature of things, there is no certainty as to when the person, whose declaration has to be recorded, would die, and there may not be enough time to call such a person."
Division bench of Justice Ranjana Desai and Justice V.K. Tahilramani recalled the court’s earlier order directing judicial or metropolitan magistrates or revenue officials not below the rank of Nayab Tehsildar to record dying declarations. It said wherever the victim’s condition permits, it should be done either by Special Judicial or Metropolitan or Executive Magistrate.