What Is Dying Declaration?

A dying declaration is a testimony that can be used as evidence in some kids of cases as it formed the last words of a dying person.  This type of evidence would normally not be allowed as it would be seen as hearsay, but in USA, it is admissible if it fulfils certain conditions; if it formed the last words of someone who was dying or who thought they were dying, if the person was aware that they were dying or thought they were dying or a person made a statement that was based on their actual knowledge relating in some way to the cause or circumstances of their death.

The person does not necessarily have to die to make a declaration, but they need to have genuinely believed that they were going to die and then not be able to appear in court themselves.  If the person didn't actually die and then was able to appear in court, the person who heard the declaration originally would not be able to testify.

In India, there is a slightly different meaning of the term.  it refers to a statement made by a person who has since died that relates to the cause of his or her death.