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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
| Dying declaration Resources | |
|---|---|
|
 |
Search WikiMD
Ad.Tired of being Overweight? Try W8MD's physician weight loss program.
Semaglutide (Ozempic / Wegovy and Tirzepatide (Mounjaro / Zepbound) available.
Advertise on WikiMD
|
WikiMD's Wellness Encyclopedia |
| Let Food Be Thy Medicine Medicine Thy Food - Hippocrates |
Translate this page: - East Asian
中文,
日本,
한국어,
South Asian
हिन्दी,
தமிழ்,
తెలుగు,
Urdu,
ಕನ್ನಡ,
Southeast Asian
Indonesian,
Vietnamese,
Thai,
မြန်မာဘာသာ,
বাংলা
European
español,
Deutsch,
français,
Greek,
português do Brasil,
polski,
română,
русский,
Nederlands,
norsk,
svenska,
suomi,
Italian
Middle Eastern & African
عربى,
Turkish,
Persian,
Hebrew,
Afrikaans,
isiZulu,
Kiswahili,
Other
Bulgarian,
Hungarian,
Czech,
Swedish,
മലയാളം,
मराठी,
ਪੰਜਾਬੀ,
ગુજરાતી,
Portuguese,
Ukrainian
Medical Disclaimer: WikiMD is not a substitute for professional medical advice. The information on WikiMD is provided as an information resource only, may be incorrect, outdated or misleading, and is not to be used or relied on for any diagnostic or treatment purposes. Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. WikiMD expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. By visiting this site you agree to the foregoing terms and conditions, which may from time to time be changed or supplemented by WikiMD. If you do not agree to the foregoing terms and conditions, you should not enter or use this site. See full disclaimer.
Credits:Most images are courtesy of Wikimedia commons, and templates Wikipedia, licensed under CC BY SA or similar.
Contributors: Prab R. Tumpati, MD
