With respect to making of Dying Declaration which of the following is correct ........

Indian Evidence Act (IEA) 1872 Dying Declaration

With respect to making of Dying Declaration, which of the following is correct?

Dying Declaration can be, either written or verbal

The gestures made by a Dying man unable to speak, in answer to questions put to him does not constitute Dying Declaration.

A Dying Declaration made in Tamil, translated in Hindi by a Tamil knowing doctor and recorded in Hindi by magistrate who does not understand Tamil is admissible in evidence

Both (a) and (c)

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Explanation:

Let’s break down these statements around dying declarations:

- Option 1: Dying declaration can be oral or written. That’s correct. Courts have accepted both.

- Option 2: Gestures made by someone who can’t speak (like nodding or blinking) do count as dying declarations, provided they’re clear. So, this one is wrong.

- Option 3: If someone declares in Tamil, a doctor translates it into Hindi, and a magistrate writes it down in Hindi—even if the magistrate doesn’t know Tamil—as long as translation is faithful, it’s admissible. Courts have allowed this.

- Option 4: Both (a) and (c). Since both Option 1 and Option 3 are correct, Option 4 is the right pick.

Here’s the key: dying declarations aren’t limited to written words—they include gestures or translations, as long as they’re reliable. But non-verbal gestures can count, so Option 2 is the odd one out.