Dying Declaration
Definition
A statement made by a person regarding the cause of his/her death or the circumstances leading to it, when death is imminent. It is admissible in court.
Features
- Usually recorded by a Magistrate.
- May be recorded by a doctor if a Magistrate is unavailable.
- Oath not necessary.
- Accused need not be present.
- Cross-examination not possible.
Dying Deposition
Definition
A statement recorded on oath by a Magistrate in the presence of the accused, with opportunity for cross-examination.
Features
- Recorded by a Magistrate.
- Made under oath.
- Accused is present.
- Cross-examination allowed.
- Higher evidentiary value.