Under Section 118 of the Indian Evidence Act, a person is a competent witness if he or she:

Option A: Is a major

Option B: Is not lunatic

Option C: Is not of extreme old age

Option D: Is capable of understanding questions put to him and giving rational answers irrespective of age

Correct Answer

Option: d

Explanation

Section 118 of Indian Evidence Act, 1872 provides Who may testify. It states that all persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Explanation. A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

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