Dying declaration comes under the following IPC section:
**Core Concept:** A dying declaration is a statement made by a person nearing death regarding a crime or incident. This concept is related to criminal law and the Indian Penal Code (IPC).
**Why the Correct Answer is Right:** Section 113A of the Indian Penal Code deals with "Evidence of statements made by a person to a physician, or to any other person, in respect of injury or death caused or believed by him to be caused by the act of the defendant." This section specifically mentions that a dying declaration can be used as evidence in court if made to a physician or another person regarding the cause of injury or death believed to be caused by the defendant.
**Why Each Wrong Option is Incorrect:**
A. Section 113B addresses "Evidence of statements made by a person to a physician, or to any other person, in respect of injury or death caused or believed by him to be caused by the act of the defendant." This option is incorrect because it refers to Section 113B, which deals with evidence of statements made to a medical practitioner or other person regarding injury or death caused or believed to be caused by the defendant.
B. Section 113C deals with "Evidence of statements made by a person to a police officer concerning a crime." This option is incorrect because Section 113C is related to statements made to a police officer about a crime, not dying declarations.
C. Section 113E discusses "Evidence of statements made by a person concerning a crime, if the statement is written and signed by the person making it, or if it is made in the presence of two or more persons who write it down and sign it." This option is incorrect because Section 113E relates to written statements made by a person concerning a crime, not dying declarations.
D. Section 113F deals with "Evidence of statements made by a person concerning a crime, if the statement is made to a person who is not qualified to give evidence in a court of law." This option is incorrect because Section 113F pertains to statements made by a person concerning a crime, not dying declarations.
**Clinical Pearl:** Dying declarations are crucial pieces of evidence in criminal trials and play a significant role in determining the cause of death and establishing responsibility for the crime. It is essential for students to understand the specific sections of the Indian Penal Code that govern the admissibility of dying declarations in court.
**Why the Correct Answer is Right:** Section 113A of the Indian Penal Code discusses "Evidence of statements made by a person concerning a crime, if the person making the statement dies before the statement can be examined in evidence." This option is correct because it addresses the admissibility of dying declarations in court, which is essential for students to understand when interpreting criminal cases.
**Why Other Options are Wrong:** The other options (113B, 113C, 113D, and 113E) are incorrect because they pertain to different sections of the Indian Penal Code that are not related to dying declarations but rather to other types of statements concerning a crime.