DYING DECLARATION AND DEPOSITION

FMT

1. ANAND KUMAR ROLL NO=08 MBBS BATCH 2017-18 DYING DECLARATION AND DYING DEPOSITION

2. DYING DECALARATION DEFINITION:- It is written or oral statement of a person , who is dying as a result of a unlawful act , relating to the material facts of the cause of death or the circumstances surrounding it. The dying declaration has been incorporated in Sec.32 IEA

3. PROCEDURE AND FEATURES OF DYING DECLARATION The doctor should certify that the person is conscious and his mental faculties are normal, i.e. he is in compos mentis Oath is not administered because of the belief that the dying person tells the truth No leading questions are asked

4. While recording the statement if the declarant becomes unconscious, the person recording it must record as much information as he has obtained and sign it himself If the declarant survives, the declaration is not admitted, but has corroborative value, and the person is called to give oral evidence

5. DYING DEPOSITION It is a statement or oath made by a dying person to a magistrate in the presence of the accused and his lawyer who has the opportunity of cross examining him. There is no provision of dying deposition in IEA, so it is not followed in India.

6. DIFFERENCE

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