The competency and credibility of a witness is to be decided by the court, it has to ascertain in the best way possible whether from the extent of his intellectual capacity and understanding, the witness is able to give a rational response of what he has seen or heard or done, even a lunatic can be a competent and credible witness provided the court is satisfied that he is capable of giving rational answers. The credibility of a witness refers to the extent to which a judge believes that the witness is providing honest and accurate testimony. As per Section 118 of the Indian Evidence Act, all persons, including a child or an aged except a tender year, extreme old age, disease-whether of body or mind- or any other similar cause, are competent to be considered as a witness in the court of law if they are able to understand the questions put to them, or able to give rational answers to those questions The testimonial competency of a witness is his capacity to provide reliable testimony. The acceptable value of the evidence is subject to the fulfilment of certain conditions set forth under Section 118 of the Indian Evidence Act. Anyone who has witnessed an event is capable of testifying. In India, the age restriction for a kid to be a competent witness is not specifically recognized by law, any kid who can pass the competency exam can become a witness and there is no rule that prevents children from being witnesses. A child witness is someone who is under the age of eighteen at the time of giving testimony. ![]() ![]() It is the responsibility of the courts to establish their own judgement based on it. A witn e ss is someone who takes an oath or provides evidence in front of a judicial institution.
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