Dying Declaration

Dying Declaration

Introduction to Dying Declaration

Dying Declaration, statement as to the cause of his death or her death, made by a person who has been physically injured at the hands of another, and who has given up all hope of recovery and who subsequently dies of such injury. In law, such statements are permitted to be given in evidence. This allowance is an exception to the rule excluding hearsay evidence from the consideration of the jury. The exception is based on the assumption that statements made by a dying person in the apprehension of death are as trustworthy as those made in open court under oath; however, dying declarations made by those other than the victim of a homicide are inadmissible, in either civil or criminal cases.” (1)

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Notes and References

Guide to Dying Declaration


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