dying declaration, medico legal importance

dying declaration It is a written or oral statement of a person, who is dying as
a result of some unlawful act, relating to the
material facts of cause of his death or bearing on
the circumstances.

1. Dying Declaration By Oviya, Shilpa, Anish, Chris, Sudharshini hari

2. Dying Declaration By Oviya, Shilpa, Anish, Chris, Sudharshini hari

3. What is Dying Declaration It is a written or oral statement of a person, who is dying as a result of some unlawful act, relating to the material facts of cause of his death or bearing on the circumstances.

4. Procedure 1 2 3 4 •No oath taken •No alteration of words/promoting/leading questions •Can be in question answers form(both to be recorded) •Should be verbatim 5 6 • Same language •Signed/thumb impression by everyone involved and forwarded to magistrate (without delay)

5. •If the person survives—>invalid declaration—> person has to come to court and give oral evidence. •But the document can be still used as CORROBORATIVE EVIDENCE . Validity

6. •Aka bedside court •Only magistrate can record it •Oath is mandatory •Done in presence of accused/ defence lawyer •Leading questions are permitted •Whether person dies/survives, remains VALID. •This is SUPERIOR to dying declaration. •But not practiced in India. Dying Deposition:

7. Thank you