Which of the following is not true about dying declaration –
**Core Concept**
A dying declaration is a statement made by a person who believes they are about to die, concerning the cause of what they believe to be their impending death. It is a crucial piece of evidence in forensic medicine, especially in cases of homicide or suspicious deaths. The admissibility of a dying declaration in court is governed by specific legal requirements.
**Why the Correct Answer is Right**
A dying declaration is admissible as evidence in court because it is considered reliable due to the person's belief in their impending death. This belief is thought to motivate the individual to tell the truth, eliminating any potential motive for deception. The declaration is typically recorded by a police officer, medical professional, or other person present at the time. The admissibility of a dying declaration is contingent on the declarant's belief in their impending death, which must be evident from the circumstances or the statement itself.
**Why Each Wrong Option is Incorrect**
* **Option A:** This statement is true about dying declarations. They are indeed admissible as evidence in court.
* **Option B:** This statement is true about dying declarations. They are considered reliable due to the person's belief in their impending death.
* **Option C:** This statement is false about dying declarations. A dying declaration is not necessarily made in writing, although written statements are often recorded.
**Clinical Pearl / High-Yield Fact**
It is essential to note that a dying declaration is only admissible as evidence in court if the declarant's belief in their impending death is evident from the circumstances or the statement itself. This requirement is crucial in distinguishing a dying declaration from other types of statements.
**Correct Answer:** C.