Multiple choice

The essential conditions for the dying declaration to be relevant include the

(i) statement is made by a person as to the cause of his death. (ii) statement is made by a person as to any of the circumstances of the transaction which resulted in his death. (iii) person must have been under expectation of death at the time of making the statement.

Which of the above propositions is/are correct?

  1. (i) and (ii)

  2. (ii) and (iii)

  3. (i) and (iii)

  4. All of these
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A Correct answer
Explanation

Under Section 32(1) of the Evidence Act, a dying declaration requires only that the statement relates to the cause of death or circumstances of the transaction resulting in death. The declarant's expectation of death at the time of making the statement is NOT an essential requirement under Indian law, though it is often present in practice. What matters is that the statement concerns the cause/circumstances and the maker is now dead (making it a hearsay exception).

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