Pre. Exam

22. Under Section 32 of Evidence Act, a statement of a person who is dead, to be admissible
(A) Must relate to the cause of his own death
(B) May relate to the cause of someone else’ death.
(C) May relate to the cause of his own death or someone else’ death.
(D) None of the above

Answer and Notes Answer is A

Pre. Exam

3. Which of the following statement is not correct?

(a) The non-examination of the doctor endorsing the dying declaration does
not always affect the evidentiary value of the dying declaration

(b) Non-signing of the dying declaration by a literate declarant unable to sign,
does not render the veracity of dying declaration doubtful

(c) When the relatives of the declarant are present during dying declaration, the dying declaration would not be relevant

(d) The statements recorded in F.LR. may be treated as dying declaration

Answer and Notes Answer is C

Explanation : According to section 32(1) of Indian Evidence Act when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person"s death comes in question then such statements would be relevant. The relevancy of the statements mentioned in this section is not dependent on the presence of the relatives or any other person during dying declaration. These statements would merely be relevant in the proceedings. What weight the court attaches to such statements is a totally different aspect.