COMPETENCY OF WITNESSES (SECTION 118 )
Section 118 of the Indian Evidence Act defines the competency of witnesses in legal proceedings. It establishes that a witness under Indian Evidence Act,is considered competent unless there are legal reasons to prevent them from giving evidence. This section is fundamental in ensuring that individuals can participate in the judicial process and present their testimony effectively.
Competency is a fundamental aspect of witness credibility. Section 118 outlines the circumstances under which a person may be considered incompetent to testify:
- Tender Years :– If a person is too young and lacks the capacity to understand and answer questions adequately, they may be considered incompetent as witnesses.
- Extreme Old Age :– Similarly, extreme old age can lead to cognitive decline, making it difficult for a person to comprehend and respond to questions, rendering them incompetent as witnesses.
- Disease or Other Causes :– Witnesses suffering from diseases or other incapacitating conditions that hinder their ability to understand and answer questions may also be deemed incompetent.
It’s important to note that there is a presumption in Section 118 that a person offered as a witness is mentally fit to provide evidence. Any attempt to exclude their testimony on the grounds of mental incapacity must be substantiated with clear evidence of their inability to provide rational answers to questions.
The Explanation to Section 118 clarifies that even a person who is a Lunatic can be considered competent unless their lunacy prevents them from understanding questions and giving rational answers. This provision underscores that a witness’s mental capacity is the key factor in determining competency.
WITNESSES UNABLE TO COMMUNICATE VERBALLY (SECTION 119 )
Section 119 deals with situations where a witness is unable to communicate verbally, such as a deaf-mute. In such cases, the court must ascertain the witness’s suitability for giving evidence. The requirements are –
- Requisite Intelligence :- The court must confirm that the deaf-mute possesses the necessary intelligence to understand the proceedings and the nature of an oath.
- Understanding of Oath :-The witness must also understand the importance and implications of taking an oath.
Once these conditions are met, the witness can provide their testimony in open court through either-
- Written Questions and Responses :- The witness responds to written questions in writing.
- Sign Language :-The witness may use sign language to communicate.
Crucially, the evidence obtained through these means is considered Oral Evidence.
The proviso to Section 119 emphasizes the importance of accuracy and fairness. It requires the court to engage an interpreter or a special educator when recording the statement of a deaf-mute witness. Additionally, the statement is videographed to ensure transparency and authenticity.
In conclusion, Sections 118 and 119 of the Indian Evidence Act establish the competency of witnesses and provide mechanisms for individuals who cannot communicate verbally to still give their testimony. These provisions aim to ensure that relevant evidence is admissible in legal proceedings, ultimately promoting fairness and justice.
REFERENCES:-
1-https://m.timesofindia.com/city/delhi/no-max-or-min-age-to-test-competence-of-witness/articleshow/89391671.cms -THE TIMES OF INDIA
2-https://www.hindustantimes.com/india-news/trial-court-must-also-record-signs-and-gestures-of-hearing-and-speech-impaired-witness-hc/story-2ZzM1wso9iTBr38aXuPc6I_amp.html – HINDUSTAN TIME
