S
Sahaj Vidhi
Delhi APO 2005

Which of the following statements is correct? (A) A dying declaration recorded by a Magistrate not empowered under section 164 Cr.PC cannot be proved by the oral evidence of the Magistrate (B) The credit of the declarant cannot be impeached (C) A dying declaration is substantive evidence (D) If the declarant is not examined although alive, his declaration is admissible

Verified Answer
A. A dying declaration recorded by a Magistrate not empowered under section 164 Cr.PC cannot be proved by the oral evidence of the Magistrate
B. The credit of the declarant cannot be impeached
C. A dying declaration is substantive evidence
D. If the declarant is not examined although alive, his declaration is admissible

Explanation:

A dying declaration, admissible under Section 32(1) of the Indian Evidence Act, is considered substantive evidence. This means it can be relied upon by the court to establish facts, even in the absence of other corroborative evidence, provided it is found to be truthful and reliable. Options (A), (B), and (D) are incorrect based on the principles of dying declarations and witness impeachment.