WITNESSES
Before, we know who can give witness in the court we must have to know the meaning of two words "competency and compellability of witness.A person is said to be competent when law is not preventing him from appearing in court and give evidence.Again compellability means, a person is competent but he must have the power to understand the questions. sections 118-121&132 of Indian evidence, Act 1872 deals with competency persons who appear as witnesses.
sec.118 defines all persons are competent to testify, irrespectiveof their extreme old age,disease whether body or mind ,or any other cause or kind but the testifier must give rational answers in the court.
explanation-A Lunatic person is not competent to testify.
Again sec.119 defines A Dumb witnessess can give evidence in intelligible way like by writing,signs or any other visible representation.But,such evidence shall be deemed to be oral evidence.
section 120 defines-husband and wife either civil or criminal proceddings shall be a competent witness against any person.
section 132defines witness not excused from answering on ground that answe will criminate -means if a witness is compelled to give an answer he shall not be liable for arrest or prosecution on that statement and that statement will not be proved in any criminal proceeding except for perjury for that statement.but A witness is protected only if he gives the answer under compulsion.
cont 2
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