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Suhasdarshan (Associate)     03 March 2010

Dying Declaration

Hey guys! please help me out on dying declaration case. i have my moot practicals coming up, i need to prove that dying declaration is valid. any case laws other than the ones that are mentioned in Ratanlal & Dhirajlal . . . need help urgently !



Learning

 2 Replies

Bidhan Dave (Advocate)     07 March 2010

The validity of D.D. depends on following aspects:

  1. The D.D. should be in question & answer form. The reason behind this rule is that the person making statement is not available or cross- examination. Normally oral evidence is to be tested by cross -examination. 
  2. The person making D.D. must be fit to make statement & hence the certificate of medical doctor prior to statement is necessary.
  3. The D.D. must be recorded by the Executive Magistrate.
  4. Police are not encouraged to record D.D.
  5. D.D. must not be result of tutoring. For this reason, D.D. is recorded without the presence of friends, relatives & well wishers.
  6. The exact words of the dying persons must be reproduced.
  7. D.D. must be recorded in the language of the dying person

I am sure now u can prepare your arguments on above points.

Alice Patel (manager)     12 March 2010

HI ! i agree with u ! and u prepared ur self! its better..


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