MCQ MAHE 2000 Forensic Medicine Answer 04

The Correct answer is B

A dying declaration is a statement made by a dying person as to the cause of his death or as to any circumstances of the transaction that resulted in his death. It is an evidence under Section 32 of Indian Evidence Act. Dying declaration can be recorded by a magistrate, a doctor, a police officer or even a village head. It should be recorded in presence of at least two witnesses.

3 requirements:

• must be a civil action OR a prosecution for homicide; inadmissible in non-homicide criminal cases
• statement must be made by the declarant while believing that his death was imminent (no requirement that death actually ensue, although the declarant must be unavailable)
• declaration must relate to the cause or circumstances of what declarant believed to be his impending death

A dying declaration is admissible if it is made in full possession of senses. If the certificate given by the doctor mentions that the patient became semi-conscious, this however is not a conclusive proof that the deceased became confused or there was any wandering or want of clearness in the mind.


The dying declaration may be the basis of conviction if the court is satisfied that the dying man had a good opportunity recognising the truth when the declaration was made.

Category: MAHE 2000 MCQs