The ability of an individual to testify is considered as a fundamental aspect of the judicial process. Section 124-125 of Bharatiya Sakshya Adhiniyam,2023(BSA) tells us that who is considered competent to testify and how those who cannot communicate verbally can still give evidence.
What is Competency to Testify?
Competency to testify means a person’s capacity to understand and respond to questions during legal proceedings in the courtroom.Generally, anyone can testify unless the court decides they are unable to comprehend or respond due to certain factors like age, illness, or mental state.
Key Components
1.Competency of Witnesses (Section 124 of BSA)- It defines the competency of witnesses in legal proceedings. It establishes that a witness under Bharatiya Sakshya Adhiniyam,2023(BSA) ,is considered competent unless there are legal factors which prevent them from providing evidence. This section makes sure that individuals can participate in the judicial process and give their testimony effectively.
Competency is considered as a fundamental aspect of witness credibility.
Section 124 of BSA shows the certain conditions under which a person may be considered incompetent to testify,they are as under-
- Tender Years :– If a person is too young and lacks the capacity to understand and answer questions properly.
- Extreme Old Age :– Extreme old age can lead to cognitive decline, making it difficult for a person to understand and respond to questions.
- Disease or Other Causes :– Witnesses suffering from certain diseases or other causes that hinder their ability to understand and answer questions may also be considered as incompetent.
There is a presumption in Section 124 of BSA that a person offered as a witness is mentally fit to give evidence. Any attempt to prohibit 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 124 of BSA says that even a person who is a Lunatic can be competent unless their lunacy prevents them from understanding questions and providing rational answers.
- Witnesses unable to communicate verbally Section 125 of BSA ) –Section 125 of BSA deals with circumstances where a witness is unable to communicate verbally, like someone who is a deaf or mute. In such situations , the court must find out the witness’s capacity for providing evidence. The requirements are –
- Requisite Intelligence :- The court must verify that the deaf-mute have the necessary intelligence to understand the proceedings and the nature of an oath.
- Understanding of Oath :-The witness must also understand the significance and implications of taking an oath in the court.
Once these conditions are fulfilled, the witness can give their testimony in open courtroom through either-
- Written Questions and Responses :- The witness replies to written questions in writing.
- Sign Language :-The witness may use sign language to communicate his answer.
The evidence obtained through the above given means is said as Oral Evidence.The proviso to Section 125 of BSA stresses on the importance of accuracy and fairness. It needs the court to engage an interpreter or a special educator when recording the statement of a deaf-mute witness. Additionally, the statement is videographed for transparency and authenticity.
Exceptions
- Individuals who cannot understand questions or give rational responses because of their age, illness, or mental condition are not considered competent to testify.
- If a witness cannot communicate verbally, an interpreter or special educator can be used by the court to make sure that their testimony is accurately recorded. This statement must be captured on video to ensure clarity and accuracy.
Examples
- A small child might be unable to testify due to his incapacity to understand or reply to questions. In such a situation, hiscompetency would be assessed based on his developmental stage.
- A person who is mute can still provide evidence by writing or sign language. The court will make sure that this is facilitated by an interpreter or special educator and that the testimony is recorded.
Why is this Important?
It is important as it ensures that all testimonies are given by competent individuals for maintaining the integrity of the legal process. It helps in making sure that evidence is reliable and that all parties involved are given a fair and proper opportunity to present their case. Permitting a non-verbal witness to testify in alternative ways also gives an inclusivity and accuracy in the judicial process.
Sections 124 and 125 of the Bharatiya Sakshya Adhiniyam,2023( BSA) establish the competency of witnesses and provide mechanisms for a person who cannot communicate verbally but still can give their testimony. These sections of BSA aim that relevant evidence is admissible in legal proceedings and promote fairness and justice.
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