Medical Evidence

B i.e. Medical evidence of injury as witness

B i.e. Magistrate

A i.e. Made to magistrate

• Dying deposition is the statement of a person on oath, recorded by the magistrate in the presence of the accused or his lawyer, who is allowed to cross-examine the witness. This procedure is not followed in India.

B i.e. Dying deposition

A i.e. Documentary evidence

Medical certificate is simplest form of documentary evidence. In case of death certificate doctor

– Must issue certificate & cannot charge any fees for itQ

Can not delay it even if his professional charges are not paid

Must mention the exact cause of death instead of vague terms.

Ans. Sec. 197 IPC

Ans. Any one

Ans. Documentary evidence

Ans. Postmortem report

Ans. is ‘a’ i.e., Ascertain compos mentis

Dying declaration

• It is the written or verbal statement made by a person likely to die because of some unnatural act done on his body, narrating the circumstances or the conditions responsible for his present state of health or the cause and manner of likely unnatural death.
• Ideally dying declaration should be recorded by the executive or honorary magistrate, but can also be recorded by doctor, village head man, police or any other person, if there is no time to call a magistrate. The doctor has to certify the patient to be compos mentis (sound mind). It is recorded in presence of two disinterested witnesses. Relatives and police officers are not allowed to be present. No oath is administered.
• It carries less weight than dying deposition as no cross-examination is possible. If the patient does not die after the recording of the declaration, the dying declaration loses its importance since now he can be called to the court and his evidence can be recorded after cross-examination.