competent witness

Under s.124 BSA (old s.118 Evidence Act) all persons are competent to testify unless the court considers that tender years, extreme old age, disease of body or mind, or a similar cause prevents them from understanding the questions or giving rational answers. A person of unsound mind is competent if he can do so.

A witness unable to speak may give evidence in writing or by signs in open court, and this is treated as oral evidence; the court may take an interpreter's help and have it video-recorded (s.125, old s.119). Spouses are competent witnesses for and against each other (s.126, old s.120). Competency is about capacity only; how much to believe the witness is a separate question of credibility.

Example

Though eighty-five, the witness answered clearly and rationally, so he is a competent witness under section 124 BSA; his age goes only to weight.

In Indian law

• Sections 124 to 126, Bharatiya Sakshya Adhiniyam, 2023 (old ss.118 to 120, Evidence Act)

See also

compellable witness · child witness · witness

Read more in the study notes

• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Competency of witnesses and the child witness (Bharatiya Sakshya Adhiniyam)
• Privileged communications (Bharatiya Sakshya Adhiniyam)
• Accomplice, approver and corroboration (Bharatiya Sakshya Adhiniyam)
• Wills under the Indian Succession Act (Family Law II - Mohammedan Law)