For the admissibility of a dying declaration, it is not necessary that the statement:

Solution (By Examveda Team)

Dying Declaration: A dying declaration is a statement made by a person regarding the cause of their death or the circumstances leading to it, which is admissible in court under Section 32(1) of the Indian Evidence Act, 1872.

Correct Answer: Option B - The person making the statement must be under expectation of death

Under the Indian Evidence Act, it is not necessary for a person making a dying declaration to be under the expectation of imminent death. Unlike English law, which requires the declarant to believe that death is certain, Indian law allows a dying declaration to be admitted even if the person did not expect to die, as long as it relates to the cause of death.

Explanation of Other Options:

Option A: Relates to cause of death - A dying declaration must relate to the cause of death or circumstances leading to it. If the statement does not pertain to the cause of death, it may not be admissible.

Option C: The person making the statement must be competent - Competency of the declarant is necessary. If the person making the dying declaration was mentally unsound or incapable of understanding the situation, the statement may not be considered valid.

Option D: The statement must be complete - A dying declaration should ideally be complete, but even if it is incomplete due to the declarant’s condition, the court may still consider the relevant portion admissible.

Thus, the key point is that unlike in English law, under Indian law, a dying declaration does not require the declarant to be under the expectation of death for it to be admissible in evidence.