Dying declaration is taken by

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