In law, there is no automatic rule that one dying declaration is “higher” than another just because it came first or last. Courts look at credibility, consistency, and manner of recording.
⚖️ Legal position (settled by Supreme Court)
When there are multiple dying declarations, the one that carries higher evidentiary value is the declaration which is:
Consistent with other declarations
Voluntary (no tutoring, pressure, or prompting)
Made when the declarant was in a fit mental condition
Properly recorded, preferably:
by a Judicial Magistrate
with medical certification of fitness
Clear, coherent, and trustworthy
📌 Key principles
✔️ Consistent declarations → all can be relied upon together
❌ Contradictory declarations → court must scrutinize carefully
❌ If contradictions go to the root of the prosecution case, benefit of doubt goes to the accused
🥇 Which usually has higher evidentiary value?
In practice, courts give greater weight to:
A dying declaration recorded by a Magistrate
Recorded in question–answer form
With doctor’s endorsement about mental fitness
🚫 Declarations with lower value
Recorded by police without explanation why Magistrate was unavailable
No proof of mental fitness
Vague or incomplete statements
Influenced by relatives or interested persons
🧑⚖️ Important case laws
Laxman v. State of Maharashtra (2002) – Medical certificate is not mandatory, but mental fitness must be proved
Paniben v. State of Gujarat (1992) – Laid down tests for reliability of dying declarations
Kushal Rao v. State of Bombay (1958) – A truthful dying declaration can form sole basis of conviction
State of U.P. v. Veer Singh (2004) – Inconsistent declarations require corroboration
✅ Summary
👉 The dying declaration that is voluntary, reliable, consistent, and properly recorded has the highest evidentiary value — not merely the first or last one
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