Difference between a ‘Dying Declaration’ and a ‘Deposition’

07Oct 2018 by admin

Difference between a ‘Dying Declaration’ and a ‘Deposition’ are as follows:

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1. A dying declaration is a statement made by a decea­sed person to anybody who happens to be present when it is made, whereas a dying deposition has to be made before a Magistrate and in the presence of the accused.

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2. It follows, therefore, that a dying declaration is not made on oath, whereas, a dying deposition must be made on oath and before a person authorised by law to take evidence.

3. A dying declaration is also not subject to cross- examination and therefore, is weaker than deposition, whereas, a dying deposition is subject to cross-examination, and therefore, stronger than a dying declaration.

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