Correct option is D
An "idiot," as per legal terminology, refers to a person of unsound mind who is incapable of understanding the questions put to them and giving rational answers. Such a person is not considered a competent witness under the Indian Evidence Act, 1872 unless they are able to comprehend and respond coherently.
Information Booster:
The Indian Evidence Act, 1872, under Section 118, outlines who is considered a competent witness. According to this section, all persons are competent to testify unless they are incapable of understanding the questions put to them or of giving rational answers, due to reasons such as extreme youth, old age, or unsoundness of mind.
Key Provisions:
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Section 118: Any person is competent to be a witness unless, due to tender age, extreme old age, disease, or unsound mind, they are incapable of understanding the nature of the questions or giving rational answers. Thus, an individual of sound mind who can understand and answer questions is a competent witness, regardless of their other personal characteristics.
Additional Knowledge:
1.
Persons capable of understanding the questions (Option a): This option is incorrect because the
Indian Evidence Act explicitly states that persons who are capable of understanding the questions posed to them and can give rational answers are competent witnesses. Therefore, individuals with sufficient mental capacity are eligible to testify.
2.
Unchaste woman (Option b): The moral character of a witness, such as being an "unchaste woman," does not affect their competency as a witness under the
Indian Evidence Act, 1872. The credibility of such a witness may be questioned during cross-examination, but this does not affect their legal competence to testify. Therefore, an unchaste woman is a competent witness.
3.
Witness unable to speak (Option c): A witness who is
unable to speak is not disqualified from being a competent witness. Under
Section 119 of the Indian Evidence Act, such a witness can give their testimony in writing or through signs, as long as they can effectively communicate their answers. Therefore, a mute witness is competent to testify.
