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Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 (5) Cr.P.C. in case the declarant survives ? Ans. Yes. Where a statement is recorded .
Q.31 Should a victim or witness be sponsored by the Police for recording his or her “statement” under Section 164 (5) Cr.P.C. ? Ans. Yes. A person who is neither an accused nor sponsored.