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Law · Q25

Indian Evidence Act

Graduate and Post Graduate · Law · question 25

Q25

Statement made in anticipation of death by a person who survives, to a police officer, would be

A.
Admissible under S. 32
B.
Admissible under S. 157
C.
Inadmissible
Answer
D.
Admissible under S. 144

Answer: Option C

Solution

Answer: Option C
Solution:
In general, a statement made by a person in anticipation of death is admissible as a dying declaration under Section 32 of the Indian Evidence Act. However, for a statement to be admissible, it must be made by a person who subsequently dies due to the injuries or circumstances mentioned in the statement.

In the given scenario, the statement is made by a person who survives and communicates it to a police officer. Since the person does not subsequently die, the statement does not qualify as a dying declaration and is therefore considered inadmissible as evidence under the Indian Evidence Act.

Therefore, the correct answer is:
C. Inadmissible