All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
37.

Which one is exception to ‘Rule Of Hearsay’ Evidence?

A: Dying declaration
B: facts forming part of same transaction
C: facts forming plea of alibi
D: facts regarding character of accuse

The answer is: A

Explanation

The correct option is A: Dying declaration.

A dying declaration is a statement made by a person who is about to die or believes that his or her death is imminent, relating to the cause or circumstances of the death.

It is an exception to the rule of hearsay evidence, which generally excludes any out-of-court statements offered as proof of that statement. The rationale behind this exception is that a person who is facing death is unlikely to lie or fabricate facts, and therefore his or her statement has a high degree of reliability and credibility. Section 32 of the Indian Evidence Act, 1872, provides that a dying declaration is relevant when the person who made it is dead, or cannot be called as a witness, or his or her attendance cannot be procured without an unreasonable delay or expense. The dying declaration can be oral or written, and can be proved by anyone who heard or read it