DYING DECLARATION


A statement, which is given by the dying person is called as dying declaration and that is about the cause of his death or to any of the circumstances of the transaction which resulted in his death.

DYING DEPOSITION:
Dying deposition is almost a dying declaration. The main difference is that it is always recorded by a magistrate in presence of the accused or his/her lawyer. The Magistrate records the evidence after administering oath in presence of the accused or his lawyer.

WHEN STATEMENTS RELATE TO CAUSE OF DEATH:
According to article (46) sub-article (1), " Statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question, such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question & quot;.

The following necessary conditions must be proved in order to admit a dying declaration:

1. When statement made by a person as to the cause of his death or to any of the circumstances of the transaction which resulted in his death.

2. When statement made by a person in cases in which the cause of that person's death comes into question and not of another person.

3. statement made by a person must be competent to testify as a witness under article 3 of qanoon-e-shahadat order.

4. A dying declaration is only admissible in evidence when it is proved that the death of the declarant was caused or accelerated by the wounds inflicted by the accused.

5. Before a statement is admitted as dying declaration, it must be proved that the person who made he is dead.

6. Dying declaration must be complete.

Legally, the dying deposition is more valuable than dying declaration as the accused has got the opportunity to challenge and cross-examine. The Medical Officer’s presence is not indispensable, but he/she may have to certify the mental fitness of the patient.

Dying declaration is a substantive piece of evidence and can be used against the accused, when there is nothing to suggest that the deceased had substituted an innocent person in place of real culprit. so dying declaration when deliberately made under a solemn sense of impending death and under circumstances wherein the deceased is not likely to be mistaken, is worthy of great weight. But, dying declaration which is incomplete and partly touched-up by interested parties cannot be relied upon.

A dying declaration is admissible whether it has been reduced to writing or not. If it has been recoreded by a magistrate , who is not a committing magistrate, it must be proved by calling the magistrate as a witness. If it has been recorded by the magistrate in the presence of the accused under section 164 and 364 of criminal procedure code, it is not necessary to produce evidence for prove it.
If it has not been reduced in to writing in such case it may be proved by the person to whom it was made or who heard it.

Difference between Dying declaration and Dying deposition:

1. Statement:
Recorded by anyone-magistrate/doctor/village headman/police/any member of public.
Always recorded by a Magistrate.

2.Oath:
Not required.
Must taken.

3.Type of evidence:
Documentary or Oral.
Documentary

4. Cross-examination:
Not performed.
Performed.

5. Leading questions
Not asked

6.Legal value:
Less.
Much more.

7.Admissibility, if declarant survives:
Not admitted, but has corroborative value.
Fully admitted.

8.Nature:
Merely recording of statement.
Complete court procedure.

9.Accused or his counsel:
Not present.
Always present.

10.Role of doctor:
Assess compos mentis and
Record the statement in absence of Magistrate,
but in presence of witnesses.
Assess compos mentis but
Statement always recorded by the Magistrate.
Ali & Abdullah Law Inn at Gujranwala and Hafizabad Punjab Pakistan.
03016662931

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