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Dying declaration and doctor
1Regional Institute of Medical Sciences, Imphal 795004.
Journal of the Indian Medical Association
|June 10, 2003
Abstract:
A dying declaration is a statement made by a dying person as to the cause of his death or as to any circumstances of the transaction that resulted in his death. It is an evidence under Section 32 of Indian Evidence Act. Dying declaration can be recorded by a magistrate, a doctor, a police officer or even a village head. It should be recorded in presence of at least two witnesses. The dying declaration may be the basis of conviction if the court is satisfied that the dying man had a good opportunity recognising the truth when the declaration was made. Doctor's role is very important and complicated in cases when dying declaration is needed.