Discussion
Dying declaration is to be preferably recorded by
Answer: C
A dying declaration is preferably recorded by a Magistrate. It is admissible under section 32(1) of the Indian Evidence Act, and the courts give the greatest weight to one recorded by a Magistrate, who is an impartial judicial officer and can certify that the person was fit and spoke voluntarily.
A doctor may record it when no Magistrate can come in time, and the police may do so in an emergency, but both are second choices because the police are an interested party in the case. A jury member has no role in recording statements, and the Indian system has no jury trial in ordinary cases. Under the law the declaration must be made when the person believes death is near and it relates to the cause of death.
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