Question

Who is prevented from being testified u/s 118 of Indian Evidence Act

• A. A lunatic who cannot understand the questions put to him
• B. Extreme old age person who cannot give rational answer to the questions
• C. A tender age person who cannot give rational answer to the questions
• D. All the above

Hint:

Remember, under the Indian Evidence Act, competency of a witness is the rule and incompetency is the exception. The sole test is the capacity to understand questions and give rational answers. Age or mental illness is not an absolute bar.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks who is considered incompetent to testify as a witness under Section 118 of the Indian Evidence Act, 1872.

Step 2: Key Legal Provision:
Section 118 of the Indian Evidence Act is titled "Who may testify." It states that "All 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."

Step 3: Detailed Explanation:
The general rule under Section 118 is that everyone is competent to testify. The only test for competency is whether the person has the capacity to understand the questions put to them and to give rational answers. A person is disqualified only if they fail this test due to certain conditions. Let's analyze the options based on this rule:
- (A) A lunatic who cannot understand the questions put to him: This person is incompetent because their mental disease prevents them from understanding the questions. A lunatic who can understand the questions during a lucid interval is competent to testify.
- (B) Extreme old age person who cannot give rational answer to the questions: This person is incompetent because their age prevents them from giving rational answers.
- (C) A tender age person who cannot give rational answer to the questions: A child of tender years is incompetent if they cannot understand the questions or give rational answers. There is no specific age bar; competency is decided by the court on a case-by-case basis.
Since all three options describe situations where a person is prevented from understanding questions or giving rational answers due to a cause mentioned in Section 118, all of them are prevented from testifying.

Step 4: Final Answer:
A lunatic, a person of extreme old age, or a person of tender age are all prevented from testifying if they cannot understand the questions or give rational answers. Therefore, the correct option is All the above.