Question

Dying declaration must be made by

• A. The dying person in hospital
• B. The doctor who is treating the deceased in hospital
• C. The deceased before death
• D. Nearest relative of the deceased

Hint:

For questions on dying declarations, always focus on the identity of the declarant. It must be the victim whose cause of death is in question. The person recording it (magistrate, doctor, police, or even a private citizen) and the location are secondary details that affect the weight of the evidence, not its fundamental admissibility.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about the identity of the person who can make a 'dying declaration'. A dying declaration is a statement made by a person concerning the cause of their death or the circumstances of the transaction that resulted in their death. It is an exception to the general rule against hearsay evidence and is considered admissible under Section 32(1) of the Indian Evidence Act, 1872.

Step 2: Detailed Explanation:
Let's analyze the options:
\[\begin{array}{rl} \bullet & \text{The very definition of a dying declaration implies that the statement must originate from the person whose death is in question. This person is the 'declarant'. The statement must be made by them before they pass away. } \\ \bullet & \text{(A) The dying person in hospital: This is too specific. While a declaration can be made in a hospital, it is not a legal requirement. It can be made anywhere, as long as the person is alive and competent to make the statement. } \\ \bullet & \text{(B) The doctor who is treating the deceased in hospital: The doctor can record the declaration, but they cannot make the declaration on behalf of the deceased. The doctor is a witness or a recorder, not the declarant. } \\ \bullet & \text{(C) The deceased before death: This is the correct and most accurate description. The person who eventually becomes the 'deceased' must have made the statement while they were still alive. } \\ \bullet & \text{(D) Nearest relative of the deceased: A relative can be a witness to the declaration or report what the deceased said, but they cannot make the declaration themselves. Their testimony would be hearsay unless it falls under the exception of reporting the deceased's statement. } \\ \end{array}\]

Step 3: Final Answer:
The correct answer is (C) because a dying declaration is, by its legal definition, a statement made by the person who is now deceased, regarding the cause of their death, and this statement must have been made before they died.