Thumb Impression on Dying Declarations in Indian Law

The Evidentiary Value of Thumb Impressions on Dying Declarations in Indian Jurisprudence

Introduction

A dying declaration, recognized under Section 32(1) of the Indian Evidence Act, 1872, holds a unique and significant position in the administration of criminal justice in India.[1] Rooted in the legal maxim "nemo moriturus praesumitur mentire" – meaning, a man will not meet his Maker with a lie in his mouth – such declarations are admitted as an exception to the general rule against hearsay evidence.[2] While the law does not prescribe a rigid format for recording a dying declaration, its authenticity and the declarant's fitness of mind are paramount for its admissibility and reliability. A pertinent issue that often arises, particularly in cases involving burn victims or illiterate declarants, is the validity and evidentiary weight of a dying declaration attested by a thumb impression. This article seeks to comprehensively analyze the legal principles enunciated by Indian courts concerning the use of thumb impressions on dying declarations, the challenges encountered, and the judicial approach towards ensuring that justice is upheld.

Legal Framework for Dying Declarations in India

Section 32(1) of the Indian Evidence Act, 1872, renders relevant statements made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.[3] Such statements are relevant whether the person who made them was or was not, at the time they were made, under expectation of death. The Supreme Court of India has consistently held that a dying declaration can form the sole basis for conviction if it inspires the full confidence of the court and is found to be truthful and voluntary.[4] Key considerations include the declarant's fit state of mind, the absence of tutoring or prompting, and the coherence of the statement.[5] The court exercises great caution in evaluating such evidence, as the declarant cannot be subjected to cross-examination.[6]

It is well-established that there is no specific form prescribed for a dying declaration. It need not be recorded by a Magistrate, nor does it have to be in a question-and-answer format, although these are considered desirable practices to enhance its credibility.[7] The crucial factor is the substance of the declaration and the court's satisfaction regarding its genuineness.

The Issue of Thumb Impression on Dying Declarations

Attestation by way of a signature or thumb impression is a common practice to authenticate a statement, including a dying declaration. For illiterate persons, a thumb impression is the standard mode of execution. However, specific challenges arise when a dying declaration is authenticated by a thumb impression, especially in cases where the declarant has suffered extensive burn injuries, potentially affecting the hands and thumbs.

The primary concern revolves around the physical ability of a severely burnt declarant to provide a clear and identifiable thumb impression. Courts are often confronted with the question of whether the skin of the thumb used for the impression was intact, or if the burn injuries were such that a legible impression with discernible ridges and curves could not have been made. This determination is crucial, as a smudged or unclear thumb impression, or one that appears inconsistent with the nature of injuries, can cast doubt on the authenticity of the declaration itself.

The Supreme Court has clarified that the question of whether the skin of the thumb was also burnt, and if the ridges and curves remained intact, is a question of fact to be determined in each case.[8] As observed in State Of Madhya Pradesh v. Dal Singh And Others, "Even in case of such burns in the body, the skin of a small part of the body i.e of the thumb, may remain intact."[9] This principle was reiterated in Purshottam Chopra And Another v. State (Government Of Nct Of Delhi).[10]

Analysis of Key Judicial Pronouncements

Indian judiciary has dealt with the issue of thumb impressions on dying declarations in various factual contexts, laying down important guidelines.

Acceptance of Thumb Impression Despite Burn Injuries

Courts have accepted dying declarations attested by thumb impressions even when the declarant suffered severe burn injuries, provided the prosecution could establish the declarant's fitness and the genuineness of the impression. In Kaliya v. State Of Madhya Pradesh, the deceased, who had suffered burn injuries, appended her thumb impression to the dying declaration, and the doctor certified her fit mental condition.[11] The Supreme Court, in Purshottam Chopra, noted instances where declarations from victims with 92% and even 100% burn injuries were accepted, emphasizing that the critical factor is the certification of continued consciousness and fitness by a medical professional.[12] The attestation by P.K. Chaturvedi (PW 12), the Executive Magistrate in State Of Madhya Pradesh v. Dal Singh, that Kusumbai (the declarant) was fully conscious and placed her thumb impression, despite requiring a doctor, was a significant factor.[13]

Absence or Issues with Thumb Impression

The absence of a thumb impression is not invariably fatal to the dying declaration. The Delhi High Court in Gokal v. State opined that there is "no universal rule that unless the thumb impression of the patient is obtained on the MLC, the fact of a statement recorded on the MLC, by the doctor concerned is of no value. The rule that the signatures or thumb impression of the patient should be obtained is not a rule of prudence but a rule of caution."[14] If the absence is satisfactorily explained, for instance, due to severe injuries to the hands, the declaration may still be relied upon if otherwise found to be true and voluntary. In Dayaram And Another v. State Of Madhya Pradesh, the Executive Magistrate stated that the thumb impression could not be taken due to injuries on both hands of the deceased. The Supreme Court, citing Sukanti Moharana v. State Of Orissa, held that a dying declaration should not be rejected solely for this reason if it is otherwise credible.[15]

However, unexplained discrepancies or suspicious circumstances surrounding the thumb impression can severely undermine the credibility of the dying declaration. In Kanti Lal v. State Of Rajasthan, the fact that the person recording the declaration (DW 2) took two thumb impressions without assigning reasons on the document, coupled with the absence of a doctor's certificate of fitness, impaired its credibility.[16] A critical observation arose in cases like State of Punjab v. Gian Kaur (cited in Waman S/O Gulab Kadam), where an autopsy report indicated that the deceased's thumbs were burnt, yet the thumb impression on the dying declaration showed clear ridges and curves. Such inconsistency led to the accused being given the benefit of doubt, suggesting potential fabrication.[17] This concern was echoed in arguments in Bindu Kumar Urmaliya v. State Of M.P, where it was contended that burnt fingers could not produce clear ridges and curves.[18]

The presence of the declarant's mother's thumb impression on the dying declaration, along with other inconsistencies, contributed to the acquittal in Pavankumar Parasnath Trivari v. State Of Gujarat.[19]

Importance of Medical Evidence and Certification

Medical evidence plays a pivotal role. A doctor's certification regarding the declarant's conscious state and fitness to make a statement is of paramount importance.[20] This extends to the ability to provide a thumb impression. In Laxman v. State Of Maharashtra, the Supreme Court emphasized that while medical certification is supportive, the Magistrate's own assessment through questioning could suffice to establish competency, thereby prioritizing the declarant's consciousness and the recording officer's satisfaction over rigid adherence to medical certification of mental fitness.[21] However, the absence of a doctor's endorsement regarding fitness when the declaration was recorded by someone other than a medical professional can be a weakening factor, as seen in Kanti Lal.[22]

In Jayamma And Another v. State Of Karnataka, the Supreme Court meticulously examined the original dying declaration, noting the placement of the thumb impression and the doctor's endorsement regarding the patient's sound state of mind, even scrutinizing the ink used for corrections.[23]

Role of the Person Recording the Declaration

The testimony of the individual who recorded the dying declaration and obtained the thumb impression is crucial. Their satisfaction regarding the declarant's lucidity and voluntariness lends credence to the document.[24] The recorder's actions, such as ensuring no one is tutoring the declarant, are also vital.[25]

Evidentiary Value and Judicial Approach

The judicial approach to thumb impressions on dying declarations is guided by prudence rather than inflexible rules. The presence or absence of a clear thumb impression is not, in itself, determinative of the declaration's admissibility or reliability. Instead, it is one of the factors considered by the court in the totality of circumstances.[26]

The primary test remains whether the dying declaration inspires the "full confidence" of the court in its truthfulness and correctness.[27] If the court is satisfied that the declarant was in a fit state of mind, the statement was voluntary, and the account of the incident is coherent and plausible, minor discrepancies or the absence of a perfect thumb impression (if explained) may not vitiate the declaration.[28]

However, where suspicious circumstances surround the thumb impression – such as clear ridges from a supposedly burnt thumb, or an unexplained absence of impression when the declarant was capable of giving one – the court will subject the declaration to stricter scrutiny and may look for corroboration.[29] The burden always rests on the prosecution to prove beyond reasonable doubt that the dying declaration is genuine, voluntary, and reliable.

Conclusion

The attestation of a dying declaration by a thumb impression is a recognized and valid practice under Indian law. The challenges associated with it, particularly in cases involving declarants with burn injuries, are addressed by the courts on a case-by-case basis, treating it as a question of fact. The judiciary's approach is characterized by a cautious evaluation, balancing the solemnity attached to a dying person's words with the need to safeguard against potential manipulation or fabrication.

While procedural aspects like obtaining a thumb impression are important, they are subservient to the substantive truth and reliability of the declaration. The fitness of the declarant, the voluntariness of the statement, corroborative medical evidence, and the overall consistency of the narrative are the cornerstone considerations. The presence of a clear thumb impression can bolster authenticity, while its absence or questionable nature, if not satisfactorily explained, can be a ground for suspicion. Ultimately, the Indian courts strive to ensure that procedural technicalities do not overshadow substantive justice, and a dying declaration, even one with issues related to a thumb impression, may be relied upon if it unequivocally inspires the court's confidence in its veracity.

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