Meaning and Legal Basis
The competence of a witness refers to the legal capacity of a person to appear in court and provide testimony. Under Section 118 of the Indian Evidence Act, 1872, all persons are presumed competent to testify unless the court considers them incapable of understanding the questions or giving rational answers. This includes individuals of all ages, religions, genders, and backgrounds. Competence is primarily concerned with the mental ability of the witness rather than physical factors. Even a child, blind person, or mentally challenged person may testify if the court is satisfied that they understand the duty of speaking the truth and can narrate facts intelligently. Thus, competence is a gateway requirement before evidence is evaluated for credibility.
Categories of Competent and Incompetent Witnesses
The law broadly accepts that every person is competent unless expressly disqualified. Children, if they possess sufficient understanding, are competent witnesses. Persons with mental illness may testify if lucid and capable of rational communication. Non-citizens, convicts, and accomplices are also competent, though their testimony may need corroboration for reliability. Persons prevented by tender years, extreme old age, or mental infirmity from understanding questions may be treated as incompetent. Privileged relationships such as spouses, attorneys, and public officers are not incompetent but may be restricted from disclosing certain communications due to privilege, not incompetence.
Judicial Approach to Competence
Courts evaluate competence through preliminary questioning to determine whether the witness understands the obligation to speak truthfully. The judge has discretionary power to assess comprehension, memory capacity, and ability to articulate facts. Even if competent, the credibility of the witness is separately assessed during cross-examination. Children’s testimony, though admissible, is scrutinized carefully to ensure absence of tutoring. Similarly, testimony of accomplices or interested witnesses requires cautious evaluation under Sections 133 and 114 (illustration b). Thus, competence ensures access to testimony, while judicial scrutiny ensures fairness and reliability of that testimony.
Real-Time Example
In a murder case, a 9-year-old child is the only eyewitness. Before recording evidence, the judge asks simple questions to check whether the child understands truth and can describe events accurately. The child responds logically and identifies the accused with clarity. The court holds the child as competent under Section 118, admits the testimony, and later evaluates its reliability during cross-examination. This shows that age alone does not disqualify a witness.
Mnemonic to Remember – “ACID TEST”
A – All persons are competent (Sec 118)
C – Children can testify if they understand
I – Insanity disqualifies only when understanding is impaired
D – Disability (blindness, deafness) does not bar testimony
T – Test by judge (preliminary questioning)
E – Exceptions: Privileged communications
S – Suspect witnesses need corroboration
T – Truth-understanding is essential
Mnemonic: “ACID TEST” helps recall the essentials of competence of witnesses.
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Master the concept of Competence of Witnesses under Section 118 of the Indian Evidence Act with simplified, exam-ready notes on Lawgana.in. Understand who can testify, how courts determine competence, and how credibility is evaluated separately. Our structured explanation covers children, mentally ill persons, disabled individuals, accomplices, and privileged communications—supported by real-time examples and the easy-to-remember ACID TEST mnemonic. Ideal for judiciary aspirants, law students, and legal researchers, this article breaks down complex provisions in a practical, accessible manner. Visit Lawgana.in to strengthen your Evidence Act preparation with clarity, precision, and high-quality legal content.
