After giving dying declaration. The victim survives. Then
C. i.e. (Not admissibility of documentary evidence in court but have corroborative value) (1.16-1.17) (Parikh 6th)DYING- DECLARATIONDYING-DEPOSITION1. Made to the medical officer or to the magistrate2. Oath not necessary3. Presence of accused not required4. Cross examination not possible5. Legal value - less as accused or his lawyer not present1. Made only to the magistrate2. Oath is necessary3. Accussed or his layer may be present4. Permitted5. MoreIf victim survives, it ceases to have any legal value. The declarant must then come to the court to give oral evidence and be cross examinedfor it. However under section 157 IEA. The declaration may still be relied upon to corroborate the statement of the complainant at the time of oral examination**le dying deposition retains its full legal value even if the victim survives *** Doctors role in noting dying declaration to ascertain compos mentis*** Common type of inquest in India is - Coroner fs inquest**
Admissibility of documentary evidence in court
Not - admissibility of documentary evidence in court
Not admissibility of documentary evidence in court but have corroborative value
None
Law & Medicine, Identification, Autopsy & Burn