Which of the following is a statement of a person who had died, explaining the circumstances of his death? 

The correct answer is dying declaration.

Key Points

• A dying declaration refers to a statement made by a person who is on the verge of death, explaining the circumstances that led to their death.
• It is considered valid evidence in a court of law under Section 32(1) of the Indian Evidence Act, 1872.
• The rationale for admitting such statements is the belief that a person on their deathbed would not lie, as they are aware of their impending death.
• The declaration can be oral, written, or even through gestures and signs, provided it is deemed clear and unambiguous.
• A dying declaration does not require corroboration if it is found to be true and reliable by the court.

Additional Information

• Indian Evidence Act, 1872: The legal framework governing the admissibility of evidence in Indian courts, including dying declarations.
• Section 32(1) of the Indian Evidence Act: Allows the admission of a dying declaration as evidence in cases where the cause of death is in question.
• Credibility of a Dying Declaration: Courts assess the reliability of the statement based on the condition of the deceased and the clarity of the declaration.
• Recording of a Dying Declaration: Ideally, a magistrate records the declaration, but it can also be recorded by a doctor or any person present, depending on the situation.
• Exceptions: If a dying declaration is inconsistent or influenced by external factors, it may lose its evidentiary value in court.