Q. Consider the following statements about “dying declaration”:
1. Dying declaration can only be recorded in presence of a judicial or executive magistrate.
2. A dying declaration can form the sole basis of conviction.
Which of the statements given above is/are correct?
Answer: B
Notes:
The Dying Declaration is the statement of a person who had died explaining the circumstances of his death.
- A dying declaration is considered credible and trustworthy evidence, based upon the general belief that most people who know that they are about to die, do not lie.
- Section 32 of the Indian Evidence Act deals with the cases related to that person who is dead or who cannot be found.
Who can record dying declarations?
Anyone can record the dying declaration of the deceased as per law. The law does not compulsorily require the presence of a Judicial or Executive Magistrate to record a dying declaration
Source: EPIC, July 2021.
