- Definition: A dying person’s written or oral statement related to the cause of their death due to an unlawful act.
- Recording Authority: A Magistrate should be called to record the declaration.
- Certification: The doctor must certify that the person is conscious and mentally sound.
- Recording Options: If the patient’s condition is serious, various individuals (doctor, police, village headman, etc.) can record the statement in the presence of two witnesses, but its evidential value is lower.
- Oath: No oath is administered, as it is believed that a dying person will tell the truth.
- In the Declarant’s Words: The statement is recorded in the declarant’s own words.
- Questioning Approach: Leading questions should be avoided, and no influence or outside prompting is allowed.
- Factual Statements: The declaration should consist of factual information, not opinions.
- Verbal Statements: If the dying person cannot speak but can respond with signs, this can be recorded as a “verbal statement.”
- Signatures: The doctor and witnesses should sign the declaration.
- Admissibility: Even if the declarant was not expecting death, the declaration is admissible in court.
- Surviving Declarant: If the declarant survives, the declaration is not admitted but has corroborative value.