Dying Declarations & Uncallable Witnesses

Article 46 Summary

• The Exception: Dying declarations are a major exception to the rule that oral evidence must be direct.
• Expectation of Death: Legally relevant whether or not the person expected to die.
• Target Audience: Can be made to anyone (Magistrate, police, doctor, or a private person).
• Child Maker: Fully admissible in court.
• Crowd Remarks (Caricature Case): The spontaneous remarks of a crowd may be proved.