Which of the following is not true about dying declaration -
Ans. is 'd' i.e., Oath is administered Dying declaration* It is the written or verbal statement made by a person likely to die because of some unnatural act done on his body, narrating the circumstances or the conditions responsible for his present state of health or the cause and manner of likely unnatural death.* Ideally dying declaration should be recorded by executive or honorary magistrate, but can also be recorded by doctor, village head man, police or any other person, if there is no time to call a magistrate. Doctor has to certify the patient to be compos mentis (sound mind). It is recorded in presence of two disinterested witnesses. Relatives and police officers are not allowed to be present. No oath is administered.* It carries less weight than dying deposition as no cross-examination is possible. If the patient does not die after the recording of declaration, the dying declaration loses its importance since now he can be called to the court and his evidence can be recorded after cross-examination.FaeatureDying DeclarationDying DepositionOathNot administered because of belief that dying person tells the truth.AdministeredMode toDoctor, Village head man, police magistrate or any other person.MagistrateIn presence of2 disinterested witnessAccused or his lawyerCross examinationNot possibleCan be doneLegal valueCarries weightCarries more weight, because it is recorded by magistrate, in front of accused or his lawyer and has oppurtunity of cross ezamination.Legal value if victim survivesNot admitted but has corroborative value and the person is called to give evidence (Sec. 157IEA)Full legal value
Recorded by executive magistrate
Can be recorded by a doctor
Patient should have a sound mind
Oath is administered
Law & Medicine, Identification, Autopsy & Burn