witness

Under s.124 of the Bharatiya Sakshya Adhiniyam, 2023 (old s.118 Evidence Act), all persons are competent to testify unless the court considers that they cannot understand the questions or give rational answers because of tender years, extreme old age, disease or a similar cause. There is no minimum age; a child who passes this test is competent. A witness unable to speak may testify by writing or signs (s.125). Competency (whether one may testify) differs from compellability (whether one can be forced to) and from credibility (whether one is believed).

A witness is examined in chief, cross-examined and re-examined. Witnesses are classified as eyewitnesses, expert witnesses, hostile witnesses, interested witnesses, and so on. No particular number of witnesses is needed to prove a fact (s.139 BSA, old s.134); the court weighs evidence, not numbers. The Witness Protection Scheme, 2018 and the BNSS provide for protection of witnesses.

Example

The six-year-old understood the questions and answered rationally, so she was a competent witness under s.124 BSA.

In Indian law

• Sections 124, 125 and 139, Bharatiya Sakshya Adhiniyam, 2023 (old ss.118, 119 and 134 Evidence Act)

See also

competent witness · compellable witness · hostile witness · child witness

Read more in the study notes

• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)