Who is prevented from being testified under Section 118 of Indian Evidence Act?

Option A: A lunatic who cannot understand the questions put to him

Option B: Extreme old age person who cannot give rational answer to the questions

Option C: A tender age person who cannot give rational answer to the questions

Option D: All the above

Correct Answer

Option: d

Explanation

Section 118 of the Indian Evidence Act, 1872 provides for-Who may testify-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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