Answer :
A dying declaration can be admissible under 804(b)(2) if it concerns the cause or circumstances of the declarant's impending death and was made under a belief of certain and impending death.
Rule 804(b)(2) of the Federal Rules of Evidence allows the admission of a statement made by a declarant, who is now unavailable, if the statement was made under a belief of certain and impending death and concerns the cause or circumstances of the declarant's impending death.
The rationale for admitting such statements is that a person in this situation is unlikely to lie and has no motive to do so.
However, the statement must be trustworthy and reliable, and the prosecution must prove the unavailability of the declarant, as well as the declarant's belief of impending death, before the statement can be admitted. The statement must also be relevant to the case, and its probative value must outweigh any prejudice to the defendant.
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