Dying Declaration vs Dying Deposition

Dying Declaration:-

This is the verbal or written statement of the person who is dying as a result of the illegal act. This statement is related to cause and circumstances of impending death.

Features and Procedure of Dying Declaration -

  • The statement should be recorded in the presence of a magistrate.
  • Due to this belief that a person who is dying tell the truth, the oath is not taken.
  •  The main role of the doctor is to clarify the condition of person that he/she is conscious and mentally sound (compos mentis).
  • if the condition of the patient is very serious that he can't survive longer then doctor or police can record statement in the presence of two witnesses without waiting for the magistrate.
  • No leading questions are asked.
  • It should be recorded in same words as the person tells, without any alteration.
  • If the person becomes unconscious or dies during recording, the doctor must record information which he has obtained.
  • After completion of recording,  The declaration is sent to court in a sealed cover.

Difference between Indian law and British law -

in English law, the declarant must be under expecting imminent death and restricted only in homicide cases, but no such restrictions in Indian law.

Dying Deposition:-

Dying deposition is almost similar to dying declaration the main difference between these two are that dying deposition is always recorded in the presence of magistrate but the presence of magistrate is not mandatory for dying declaration.

The legal value of dying deposition is more than dying declaration because cross-examination can be done in case of dying deposition.



Difference between Dying Deposition and dying declaration:-



Dying Declaration
Dying Deposition
Statement can be recorded by doctor/magistrate/police
It is always recorded by magistrate
Oath is not required
Oath is mandatory
Role of doctor is to asses the mental state of person and record statement
Role of doctor is to asses the mental condition and consciousnes of person
Cross-examination is not done
Cross-examination can be done
Less legal value
more legal value
Accused is not present
Always present

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