Under the provisions of the Bharatiya Sakshya Adhiniyam, 2023, out of the following categories, who…
Unsoundness of mind makes a witness incompetent only when it prevents understanding the questions or giving rational answers. Section 124 of the Bharatiya Sakshya Adhiniyam,…
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Under the provisions of the Bharatiya Sakshya Adhiniyam, 2023, out of the following categories, who shall not be competent to testify?
Answer and explanation
Correct answer A
Unsoundness of mind makes a witness incompetent only when it prevents understanding the questions or giving rational answers. Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 118 of the Indian Evidence Act, 1872, which used the term “lunatic”) uses this functional test, so a diagnosis alone does not disqualify a person. A capable fifteen-year-old and a person whose condition does not impair those abilities remain competent.
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