Dying declaration

Definition and stakes

R. J. M. Buchanan,  Text-book of forensic medicine and toxicology

“ Dying Declarations.—The principle on which these are accepted is founded, partly on the awful situation of the dying person, and partly on the absence of interested motives in one on the brink of eternity, and which is supposed to obviate the necessity of a cross-examination. The law presumes that any one cognisant of impending death will tell the truth, and such declarations are equal to evidence on oath. The greatest care must be taken by the medical man who is called in to see a person supposed to be dying, with regard to any declaration he or she may wish to make. ”
Source: Gutenberg

1911 Encyclopædia Britannica, Volume 7… (1911)

“ In nearly all civilized countries an affirmation is now permitted to those who object to take an oath or upon whose conscience an oath is not binding. (See Affidavit; Oath.)
An exceptional position in law is accorded to a Dying or Deathbed Declaration. As a general rule, hearsay evidence is excluded on a criminal charge, but where the charge is one of homicide it is the practice to admit dying declarations of the deceased with respect to the cause of his death.
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Source: Wikisource

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