Dying declaration

Dying Declaration is a term used in the legal and medical fields to describe a statement made by a person who is conscious and aware that death is imminent, concerning the causes or circumstances of their impending death. The statement is admissible in court under the Hearsay rule.

Definition

A Dying Declaration is a statement made by a person who is conscious of their impending death, regarding the circumstances or cause of their death. This statement is admissible in court as an exception to the hearsay rule. The rationale behind this exception is the belief that a person who is about to die would not have the incentive to lie.

Legal Aspects

In legal terms, a dying declaration is considered a form of Res Gestae that has an exception to the hearsay rule. This exception is based on the principle of Nemo moriturus praesumitur mentire - a Latin phrase which means "No one on the point of death is presumed to lie". A dying declaration is admissible in court to prove the cause and circumstances of death.

Medical Aspects

From a medical perspective, a dying declaration can provide valuable information about the cause and circumstances of death. This can be particularly useful in cases of unnatural deaths such as homicides or accidents. The dying declaration can provide clues about the events leading up to the death, the identity of the perpetrator (if any), and other relevant details.

Requirements

For a dying declaration to be admissible in court, certain requirements must be met:

• The declarant must be conscious and aware that death is imminent.
• The declaration must pertain to the cause or circumstances of the impending death.
• The declarant must die shortly after making the declaration.

Limitations

While a dying declaration can provide valuable evidence, it also has limitations. The declarant may not be able to provide a complete or accurate account of the events due to physical or mental distress. Furthermore, the declaration is usually made in the absence of a legal professional, which can lead to issues of credibility and reliability.

See Also

• Hearsay
• Res Gestae
• Unnatural Death

Dying declaration Resources
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