Which one of the following statements is not correct?
A. Dying declaration may be oral or in writing
B. Where there are two or more dying declarations in a case, there must be similarity of contents between them
C. First Information Report recorded under Section 154 of the Code of Criminal Procedure 1973, may be admitted as dying declaration
D. Statement of dying declaration cannot be recorded by a police officer
Answer: Option B
Solution (By Examveda Team)
Dying Declaration: A dying declaration refers to a statement made by a person who believes they are about to die, regarding the cause or circumstances of their impending death. Under Section 32(1) of the Indian Evidence Act, 1872, such statements are admissible as evidence even if the person making the statement is unavailable for cross-examination.Correct Answer: Option B - Where there are two or more dying declarations in a case, there must be similarity of contents between them (Incorrect Statement)
Reason:
There is no legal requirement that multiple dying declarations must have similar contents. Courts analyze each dying declaration independently and assess its reliability based on the circumstances of the case. If there are contradictions between multiple dying declarations, the court evaluates their credibility and decides which statement to rely upon.
Explanation of Other Options:
Option A: Dying declaration may be oral or in writing (Correct Statement)
A dying declaration can be made orally, in writing, or even through gestures or signs if the declarant is unable to speak. The mode of communication does not affect its admissibility.
Option C: First Information Report recorded under Section 154 of the Code of Criminal Procedure 1973, may be admitted as dying declaration (Correct Statement)
If a person who is about to die gives a statement to the police, and it is recorded as an FIR, it may be treated as a dying declaration if it meets the necessary legal conditions.
Option D: Statement of dying declaration cannot be recorded by a police officer (Correct Statement, with exceptions)
As a general rule, a magistrate should record a dying declaration. However, in exceptional circumstances where no magistrate is available, a police officer may record the statement, provided it is given voluntarily and without coercion.
Thus, the incorrect statement is Option B, as there is no legal mandate that multiple dying declarations must have similar contents.
This Question Belongs to Law >> Indian Evidence Act
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Comments (1)
Which section of the Indian Evidence Act protects communication during marriage?
A. Section 122
B. Section 123
C. Section 124
D. Section 125
A. Of 'B', because 'B' is a merchant in Delhi. 'A' has written many letters addressed to 'B'
B. Of 'C' because 'C' is a clerk of 'A' 'C's duty was to examineand file A's correspondence
C. Of 'D' because 'D' is Z's broker to whom Z habitually submitted the letters purporting to Bwritten by 'A' for the purpose of his advice
D. Of all the above
A. Section 120
B. Section 126
C. Section 123
D. Section 98
A. That relates to only the place of occurrence
B. That relates to nature of the object
C. That relates to the past user of the object
D. Information given by the accused, as relates distinctly to the fact thereby discovered
The option is showing D but the answer has given explanation supporting option B which is causing confusion