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Chapter-06 Concept of Dying Declaration in India

BOOK TITLE: Recent Advances in Forensic Medicine & Toxicology (Volume 2)

Author
1. Kohli Anil
ISBN
9789352701247
DOI
10.5005/jp/books/14137_7
Edition
1/e
Publishing Year
2018
Pages
19
Author Affiliations
Chapter keywords
Dying declaration, compos mentis, evidence, justice, deposition, multiple dying declaration, admissibility

Abstract

This chapter gives an overview on the concept of dying declaration from the Indian perspective. Dying declaration is a statement by a person who is conscious and knows that death is imminent, concerning what he believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases. A person who makes a dying declaration must be competent at the time to make a statement, otherwise, it is inadmissible. A dying declaration is also called “leterm mortem”, which means “words said before death”. Delhi High Court rules in this regard are reproduced in detail. Judgments of various High Courts and the Supreme Court are extensively quoted as relevant case laws with regard to dying declaration in India. The rules and guidelines mentioned in the chapter will help doctors properly record dying declarations during the course of their duties.

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