BACK TO BSA 2023AIR 1958 SC 22(2002) 6 SCC 710
BSA 2023ACTIVE FRAMEWORKChapter III
Section 27
Cases in Which Statement of Relevant Fact by Person Who Is Dead Is Relevant
Of Admissions
Quick Legal SummaryIEA IEA S.32
Statutory Snapshot
THE STATUTE
Original Text
Statements, written or verbal or contained in electronic form, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases:—
(1) When the statement is 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. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.
Legal Commentary
BSA Section 27 makes one pivotal extension to IEA Section 32: 'written or verbal or contained in electronic form.' The addition of 'electronic form' resolves what was a growing practical gap in IEA Section 32's application.
**The electronic dying declaration — the key addition:**
Before the BSA, when a domestic violence victim sent a WhatsApp voice note to her sister saying 'my husband is going to kill me, he has beaten me badly' and then died, was that a Section 32(1) dying declaration? Technically it was 'verbal' (it was spoken, just recorded electronically), but defendants argued the electronic recording was neither 'written' nor 'verbal' as traditionally understood.
BSA Section 27's 'or contained in electronic form' resolves this conclusively:
- WhatsApp voice note naming attacker: valid dying declaration
- Video recorded on phone: valid dying declaration
- Email sent before death naming killer: valid dying declaration
- Video call in which victim identifies attacker: valid dying declaration
- Social media post: valid dying declaration
**Magistrate recording by audio-video means:**
The BNSS (BSA's companion criminal procedure code) enables magistrates to record dying declarations through audio-video electronic means — video conferencing with the victim in hospital. BSA Section 27 provides the evidentiary foundation for this procedure.
**The practical importance in domestic violence cases:**
Domestic violence victims frequently text, WhatsApp, or call family members describing ongoing abuse and naming their abuser. When these victims die from injuries, BSA Section 27 makes those electronic messages admissible as dying declarations — potentially the most contemporaneous and reliable evidence of the crime.
**All IEA Section 32 jurisprudence applies:**
Khushal Rao (sole basis for conviction), Laxman (no particular form required), and Paparambaka Rosamma (doctor-recorded declarations admissible) all apply under BSA Section 27. The extension is to form (electronic), not to the substantive law.
Legislative Intent & Background
The electronic dying declaration extension in BSA Section 27 was directly informed by cases where victims sent dying declarations by phone/WhatsApp and courts struggled with admissibility under the old IEA's written/verbal limitation. The BNSS-BSA combination now creates a complete framework for electronic dying declarations.Critical Provisions & Changes
'Contained in electronic form' added — WhatsApp, video, audio dying declarations explicitly covered.
Magistrate recording via audio-video electronic means now has explicit statutory backing.
All other Section 32 categories (business records, statements against interest, etc.) also extended to electronic form.
No expectation of death requirement preserved.
Landmark Judicial Precedents
Khushal Rao v. State of Bombay (1958)
Dying declaration can be sole basis for conviction — applies under BSA Section 27.
Laxman v. State of Maharashtra (2002)
No particular form required for dying declaration — reinforces BSA Section 27's electronic extension.
Practical Scenarios & Illustrations
Domestic violence victim sends WhatsApp voice note: 'If something happens to me, it was [husband's name].' Dies next day from injuries. BSA Section 27: admissible dying declaration in electronic form.
Acid attack victim records video on her phone while in hospital (before understanding severity): 'He did this, [name].' BSA Section 27: admissible. No expectation of death required.
Questions & Answers
Yes — BSA Section 27 explicitly covers statements 'contained in electronic form.' A WhatsApp audio message, video, or text message from a person who later dies, in which they name their attacker or describe the circumstances of the attack, is a valid dying declaration. The Section 57 certificate requirement for electronic records may apply to formally prove the authenticity of the electronic message.
No — BSA Section 27(1) preserves IEA Section 32(1)'s explicit provision that dying declarations are relevant 'whether the person who made them was or was not, at the time when they were made, under expectation of death.' This is unchanged.