Who may testify
AI Assist
Summary
Everyone is usually competent to testify unless the court finds they cannot understand the questions or give rational answers because of very young age, extreme old age, disease of body or mind, or a similar cause. A person of unsound mind is not automatically disqualified; incompetence requires that their mental condition actually prevents understanding questions and answering rationally. The court decides competence in each case.
Example
Priya saw a neighbour take a package from her building and is called to testify. She has early dementia and sometimes mixes up dates and details. The court will still let her give evidence unless it finds her condition prevents her from understanding the questions or giving rational answers.
Bare Act
Enacted textAll persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
Explanation.-A person of unsound mind is not incompetent to testify, unless he is prevented by his unsoundness of mind from understanding the questions put to him and giving rational answers to them.
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