Who may testify
AI Assist
Summary
Every person is normally competent to testify unless the court finds they cannot understand the questions or give rational answers because of tender years, extreme old age, disease (of body or mind), or a similar cause. A person described as a lunatic is still competent unless the lunacy actually prevents understanding questions and giving rational answers.
Example
Priya, a 5-year-old who saw a neighbour's bicycle brush a wall, is called to testify. If the court finds she cannot understand the questions or give rational answers, her evidence will not be admitted.
Bare Act
Enacted textAll persons shall be competent to testify unless the Court considers that they are prevented from understanding the question 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.
Explanations
A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.
Previous year papers
Pick your exam. we'll email the most recent paper.