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In a trial, a chance witness, the alleged rape victim and a relative of one party each understand the…

Section 124 tests the person's ability to understand questions and give rational answers. Chance presence, being the victim of an alleged offence and relationship to a party…

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In a trial, a chance witness, the alleged rape victim and a relative of one party each understand the court's questions and can give rational answers. How does section 124 of the Bharatiya Sakshya Adhiniyam, 2023, treat their competency?

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Answer and explanation

Correct answer D

Section 124 tests the person's ability to understand questions and give rational answers. Chance presence, being the victim of an alleged offence and relationship to a party can be assessed in context when evaluating evidence. None is a ground of incompetency by itself.

Option feedback

Option A

Chance presence does not disqualify a witness, and the other two witnesses also satisfy the statutory test.

Option B

Being the alleged rape victim does not disqualify a witness, and competency is not restricted to that person.

Option C

A witness's relationship to a party does not determine competency, and the other two witnesses meet the same test.

Option D

Each described witness can understand questions and give rational answers. Their differing roles do not by themselves make them incompetent.

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