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Bengal Presidency - Section

Section 266 in Police Regulations, Bengal , 1943

266. Dying declaration. [§ 12, Act V, 1861].

(a)If it is net possible to have the statement of a person whose evidence is required and who is in imminent danger of death recorded by a Magistrate and it becomes necessary for some other person to record a dying declaration, this shall be done, whenever possible, in the presence of the accused or of attesting witnesses. A dying declaration made to a police officer shall be signed by the person making it.
(b)If a seriously injured person, not in imminent danger of death, is sent to hospital the investigating officer shall warn the medical officer about having the person's statement recorded by a Magistrate, should the necessity for such a course arise.
(c)In case of doubt whether action under clause (a) or under clause (b) should be taken, the investigating officer shall act in accordance with clause (a).