Question 1 · Medium
When time allows, the most appropriate person to record a dying declaration is a:
- AStaff nurse
- BPolice officer
- CMagistrate
- DClose relative
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Answer: C · Magistrate
A dying declaration is a statement by a person about the cause or circumstances of his death, admissible under the Indian Evidence Act. A magistrate's recording carries the most weight. If death is imminent and no magistrate can come, the doctor or even a nurse may record it in the person's own words, with witnesses. The doctor certifies that the patient is fit to give the statement.
- A: A nurse records it only when there is no time to call a magistrate.
- B: A police recording carries less weight than a magistrate's.
- D: A relative is an interested party and not preferred.