Correct option is C
The correct answer is (c) Section 104.
Explanation:
· Section 104 of the Indian Evidence Act, 1872: This Section provides that the existence of a fact that is necessary to make evidence relevant must be proved before that evidence is admitted. In this case, for 'A' to prove 'B's dying declaration, 'A' must first prove 'B's death. This ensures that the dying declaration is admissible as evidence.
Information Booster:
1. Section 32 (1), Indian Evidence Act: Specifically deals with statements, written or verbal, made by a person who is dead or cannot be found, etc., when it relates to the cause of their death. While Section 32 (1) covers the relevance of dying declarations, Section 104 is pertinent for establishing the preliminary fact (death of 'B') necessary for the admission of the dying declaration.
2. Section 103, Indian Evidence Act: Burden of proof as to particular fact.
3. Section 105, Indian Evidence Act: Deals with the burden of proving that a case falls within exceptions in criminal law, which is not directly relevant to proving a dying declaration.
Additional Information:
· Dying Declaration: A statement made by a person on the verge of death, concerning the cause or circumstances of their death, is considered highly reliable and admissible under Section 32 (1).
