Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

The correct option is C: both in civil as well as criminal proceedings.

A dying declaration is a statement made by a person who is about to die or has died, regarding the cause of his or her death or the circumstances of the transaction that resulted in his or her death. A dying declaration is admissible in evidence as an exception to the hearsay rule, which generally excludes statements made by a person who is not present in court to be cross-examined. The rationale behind this exception is that a person who is facing imminent death is unlikely to lie or have any ulterior motive.

A dying declaration can be admitted in both civil and criminal proceedings, as long as the cause of the person's death is relevant to the case.

For example, in a murder trial, the dying declaration of the victim can be used to identify the assailant or the motive of the crime. In a civil suit for damages, the dying declaration of the deceased can be used to establish the negligence or liability of the defendant. However, the admissibility of a dying declaration depends on various factors, such as the fitness of the declarant, the form and manner of the statement, the corroboration of other evidence, and the credibility of the witness who recorded or heard the statement. Therefore, the court has to exercise caution and discretion while evaluating the weight and reliability of a dying declaration.