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What is dying declaration?



What is dying declaration?

Is the statement made by the person who is dead stating the cause and circumstances or transaction leading to his death. It is made at a time the deceased loses all hope of recover.

How does dying declaration differ from hearsay evidence?

Dying declaration is under section 34(a) of the Evidence Act admissible where as hearsay evidence is inadmissible because does not conform to section 61 and 62 of the Evidence Act.

Discussing the evidentially value of dying declaration the Court of Appeal of Tanzania in Damian Ferdinand Kiula & Charles vs. Republic [1992] TLR 16 said that dying declaration can be relied upon to support conviction if it is very authentic.

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