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Competency of Witnesses (Section 118 IEA / Section 124 BSA)

Evidentiary Rules & Proof Standards

Definition

The rule that all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers, by reason of tender years, extreme old age, or disease of body or mind.

Example

In Nivrutti Pandurang Kokate v. State of Maharashtra, the Supreme Court affirmed that a 7-year-old child witness is entirely competent to testify in a murder trial, provided the trial judge conducts a preliminary "voir dire" test and finds the child capable of giving rational answers.