Dying declaration is taken by: (A) Police inspector, (B) Doctor, (C) Magistrate, (D) Any one of the above
Answer is D. 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 Dying declaration Dying deposition Any person Magistrate Not under oath Administered under oath Not subject to cross-examination Subject to cross-examination Not present Accused or his counsel present There is no provision of dying deposition in IEA, so it is not followed in India. Ref: Krishnan vij ; 5th ed; Page no: 8