Sections 118 to 134 of the Indian Evidence Act 1872 lay down the provisions relating to competency and Compellability of the Witnesses. The Expression "Competency of the Witness" refers to capacity or ability or qualification to give evidence in the Court of Law.
   
Competency of  witnesses: 

           A witness is said to be competent when there is nothing in law to prevent him from appearing in the court and giving witness. Whether a witness is competent, depends on his capacity to understand the question put to him and the capacity to give rational answer thereto.


Who may testify? 

           According to Section 118 of the Indian Evidence Act, 1872, All 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 answer to those questions, by tender years, extreme old age, disease, whether of body and mind, or any other cause of the same kind.

Explanation :

            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.


Test of Competency: 

     The test of Competency is the capacity to understand the questions and to give rational answers. A witness as a matter of law to reject his testimony. Even lunatics and drunkards are also competent to testify in their lucid intervals if they are capable of understanding the questions put to them and giving rational answers.



See also  

1) Admissibility, Competency and Credit of a child witness

2) Deaf and Dumb Witness

3) Circumstantial Evidence

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