Supreme Court of India (Constitution Bench)

Laxman v State of Maharashtra

2002 INSC 35220021 min read
The case in brief30-second read
Facts
A dying declaration was recorded by a magistrate without a doctor's certificate of the declarant's mental fitness. Conflicting earlier decisions were referred to a Constitution Bench.
Issue
Whether a doctor's certificate of fitness is essential before a dying declaration can be acted upon.
Held
A medical certificate is not mandatory. If the person recording the declaration was satisfied that the declarant was conscious and fit, and the statement is voluntary and true, it may be acted upon. Paparambaka Rosamma was overruled and Koli Chunilal Savji approved.
Principle
Fitness of the declarant is a question of fact; a doctor's certificate is a rule of prudence, not of law.
Cite this

Facts

  • A dying declaration was recorded by a magistrate without a doctor's certificate of the declarant's mental fitness. Conflicting earlier decisions were referred to a Constitution Bench.

Issue

  1. Whether a doctor's certificate of fitness is essential before a dying declaration can be acted upon.

Held

  • A medical certificate is not mandatory. If the person recording the declaration was satisfied that the declarant was conscious and fit, and the statement is voluntary and true, it may be acted upon. Paparambaka Rosamma was overruled and Koli Chunilal Savji approved.

Cite this

Citation

Laxman v State of Maharashtra 2002 INSC 352

Reported: https://indiankanoon.org/doc/352251/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.