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As per the Bharatiya Sakshya Adhiniyam, 2023, who out of the following is not competent to become a…

The adult described as having a nonfunctioning body and mind is the person unable to meet the functional competence test. Under section 124 of the Bharatiya Sakshya…

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As per the Bharatiya Sakshya Adhiniyam, 2023, who out of the following is not competent to become a witness?

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Correct answer B

The adult described as having a nonfunctioning body and mind is the person unable to meet the functional competence test. Under section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 118 of the Indian Evidence Act, 1872), competence depends on understanding questions and giving rational answers, not on a diagnostic label or age alone. A sufficiently capable child or a person of unsound mind who can understand and answer rationally may testify; a person unable to speak may communicate intelligibly through writing, signs or appropriate assistance under section 125.

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