In a dying declaration, the statement must be made by which of the following?

In a dying declaration, the statement must be made by which of the following?

• A. A person in a coma
• B. A person who believes they are nearing death
• C. A witness to a crime
• D. The accused individual

Answer: (B)

In a dying declaration, the key requirement is that the statement must be made by a person who believes they are near death. This belief adds a layer of reliability to the statement since it is made under the presumption that the individual is conscious of their imminent death. The rationale behind this legal principle is based on the idea that a person facing death may be more likely to speak truthfully, as they have no incentive to lie. This concept is rooted in the belief that the gravity of the situation compels honesty. The declaration can relate to the circumstances surrounding the person’s impending death or the events leading to it, making the perceived urgency and authenticity crucial to the statement's admissibility in court. In contrast, individuals in a coma are typically not in a position to make coherent statements, while witnesses to a crime or accused individuals do not fulfill the specific criteria needed for a dying declaration. Thus, only a person who holds the genuine belief that they are about to die can provide a statement that qualifies as a dying declaration.

In a dying declaration, the key requirement is that the statement must be made by a person who believes they are near death. This belief adds a layer of reliability to the statement since it is made under the presumption that the individual is conscious of their imminent death. The rationale behind this legal principle is based on the idea that a person facing death may be more likely to speak truthfully, as they have no incentive to lie.

This concept is rooted in the belief that the gravity of the situation compels honesty. The declaration can relate to the circumstances surrounding the person’s impending death or the events leading to it, making the perceived urgency and authenticity crucial to the statement's admissibility in court.

In contrast, individuals in a coma are typically not in a position to make coherent statements, while witnesses to a crime or accused individuals do not fulfill the specific criteria needed for a dying declaration. Thus, only a person who holds the genuine belief that they are about to die can provide a statement that qualifies as a dying declaration.