Archive · 15 Sep 2026
High Court Says Media Statement Is Not Conclusive Dying Declaration
Banshilal Kushwaha died after he was allegedly hurt by police during the 2020 lockdown.
Before he died, his wife said he spoke to the media and named police officers.
She wanted the police to register a formal case.
The High Court said the media statement could not automatically be treated as a dying declaration.
The court said its authenticity and importance would need to be proved in a proper legal process.
Officials said several inquiries and medical examinations had not confirmed that police assaulted him.
A forensic opinion reportedly said bleeding could have resulted from illness.
The court did not order a new FIR, but the family still has the option to pursue the complaint process.
The Madhya Pradesh High Court dismissed a petition seeking an FIR over Banshilal Kushwaha’s alleged police assault and subsequent death.
The court said a statement allegedly made to electronic media could not conclusively be treated as a dying declaration at this stage.
It held that the statement’s authenticity and evidentiary value must be established according to law.
Authorities said magisterial and departmental inquiries, medical reports and forensic evidence did not substantiate assault by police personnel.
The court upheld proceedings under Section 200 of the Criminal Procedure Code rather than ordering immediate FIR registration.
- Who
- Banshilal Kushwaha’s wife petitioned against authorities over his alleged assault and death; the respondents included police and government authorities.
- What
- The Madhya Pradesh High Court dismissed a request to compel registration of an FIR, ruling that a media statement allegedly made by Kushwaha could not yet conclusively be treated as a dying declaration.
- When
- The alleged assault occurred on April 16, 2020; Kushwaha died four days later, and the High Court recently issued its ruling.
- Where
- The alleged assault occurred near Gora Bazar Police Station in Jabalpur, Madhya Pradesh; the case was heard by the Madhya Pradesh High Court.
- Why
- The court found that the statement and other disputed evidence required proof, while existing inquiries and reports had not established police assault.
Petitioner’s Claims
Authorities’ Response
Whether an FIR should be registered
Petitioner’s Claims
Kushwaha’s wife argued that his media statement, photographs, medical records, newspaper reports and other materials justified registration of an FIR for alleged police assault.
Authorities’ Response
The authorities argued that inquiries and material collected during merg proceedings did not substantiate assault, so an FIR should not be compelled.
Meaning of the media statement
Petitioner’s Claims
The petitioner treated Kushwaha’s alleged statement naming police personnel as material in the nature of a dying declaration.
Authorities’ Response
The High Court said the statement’s authenticity and evidentiary value required proof and could not conclusively be accepted as a dying declaration at this stage.
Cause of death and supporting evidence
Petitioner’s Claims
The petitioner alleged that the post-mortem report had been manipulated and said the ex-gratia payment and medical documents supported her account.
Authorities’ Response
Respondents cited medical, forensic, magisterial and departmental reports, including an opinion that bleeding could result from illness and that inquiries had not established police assault.
- Deceased
- Banshilal Kushwaha
- Alleged incident
- April 16, 2020, during the Covid-19 lockdown
- Location
- Gora Bazar Police Station area, Jabalpur
- Court’s ruling
- The alleged electronic-media statement was not conclusively a dying declaration at this stage
- Alternative proceeding
- The Magistrate directed that the matter proceed as a complaint under Section 200 CrPC
- Ex-gratia payment
- The district administration granted the family Rs 50,000
- Medical opinion
- An opinion cited by respondents said there was no injury and bleeding could result from kidney, lung or liver illness