Dying declaration and a deposition

A dying declaration and a deposition are two types of statements that can be used as evidence in a legal case.

A dying declaration is a statement made by a person who is believed to be on the verge of death and is aware of their impending death. This statement is admissible in court as an exception to the hearsay rule, which generally prohibits the use of secondhand statements as evidence. The rationale behind the exception is that a person in their final moments is unlikely to lie, and it may be the only opportunity for the person to provide crucial information about a crime. However, for a dying declaration to be admissible, the person must have made the statement with a clear understanding of the situation and without any undue influence.

A deposition, on the other hand, is a statement made by a witness or a party to a legal case outside of the courtroom, usually in response to written or oral questions. Depositions are typically taken as part of the pretrial discovery process and can be used as evidence in court if the witness is unavailable or unable to testify at trial. Depositions are taken under oath, and the statements made are recorded by a court reporter or through audio or video recording.

one of the most famous case in which a dying declaration was used as evidence is the case of Mithu vs. State of Punjab (1983). In this case, the Supreme Court of India held that a dying declaration could be relied upon as the sole basis for a conviction, provided that it was found to be voluntary, truthful, and reliable. The court also stated that the dying declaration must be corroborated by other evidence, if possible.

In the case of State of Punjab v. Ramdev Singh (2004), the Indian Supreme Court emphasized the importance of ensuring that a dying declaration is free from any influence or coercion. The court held that the statement should be recorded in the presence of a magistrate, and that the magistrate should satisfy himself that the person making the statement is conscious and in a fit state of mind.

In summary, the admissibility of a dying declaration as evidence in a trial depends on a number of factors, including the circumstances under which the statement was made, the reliability of the statement, and the rules of evidence in the particular jurisdiction. However, case law has established that a properly recorded and reliable dying declaration can be a powerful piece of evidence in a criminal trial.

 

adv Vaibhav tomar (All Rights Reserved)

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