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Can Electronic Media Statements Be Relied Upon as Dying Declarations at the Stage of FIR Registration?

Why This Case Matters: 

A statement allegedly made by a deceased person to electronic media cannot, at the FIR stage, be conclusively treated as a dying declaration so as to compel registration of an FIR. Its authenticity, contents and evidentiary value require proof.

Background: 

The applicant, wife of deceased Banshilal Kushwaha, alleged that during the COVID-19 lockdown, her husband was assaulted by police personnel and subsequently died in hospital. She claimed that before his death, he spoke to electronic media and named the police personnel allegedly responsible.

As no FIR was registered, the applicant approached the Magistrate under Section 156(3) of CrPC. The Magistrate declined to direct registration of an FIR but treated the matter as a complaint under Section 200 of CrPC, permitting the applicant to proceed in accordance with law. The revision against that order was also dismissed.

Court's View: 

The High Court held that the alleged statement of the deceased before electronic media could not, at that stage, be conclusively treated as a dying declaration for compelling registration of an FIR. Its authenticity, contents and evidentiary value required proof.

The Court also held that the applicant had an efficacious remedy before the Magistrate through the complaint proceedings under Sections 200 and 202 of CrPC. The Court declined to undertake a comparative appreciation of the disputed medical, forensic and inquiry material in exercise of its inherent jurisdiction under Section 482 of CrPC. 

Decision: 

The High Court:

• Held that the electronic-media statement could not conclusively be treated as a dying declaration at the FIR stage;

• Found that the applicant had an efficacious remedy before the Magistrate through the complaint proceedings, and

• Dismissed the Section 482 of CrPC application, finding no jurisdictional error, perversity or manifest illegality in the orders of the Courts below.

Key Legal Takeaway: 

At the FIR stage, a deceased person's statement to electronic media cannot be conclusively treated as a dying declaration to compel registration of an FIR. Its authenticity, contents and evidentiary value require proof, particularly where the surrounding facts and supporting material remain disputed. 

Case Details: 

Smt. Poonam Kushwaha Vs Alok Singh & Others ; Madhya Pradesh High Court ; 07.09.2026 ; M.Cr.C. No. 39688 of 2022 : 2026:MPHC-JBP:68539