What do you mean by dying declaration in section 38

Answer 1

In legal terms, a dying declaration in Section 38 refers to a statement made by a person who believes they are about to die, and the statement relates to the cause or circumstances of their impending death. This type of statement is considered admissible in court as evidence, even though the person who made the statement is not able to testify in person. The rationale behind admitting dying declarations is that a person facing imminent death is unlikely to lie or fabricate information. Section 38 of the Indian Evidence Act, 1872, pertains to the admissibility of dying declarations as evidence in court proceedings.