Section 124 of BSA : Section 124: Who may testify.

Explanation using Example

Example 1:

Ravi, a 25-year-old man, witnessed a car accident in Mumbai. He is called to testify in court about what he saw. The court finds Ravi competent to testify because he is of sound mind and can understand the questions put to him and provide rational answers. However, during the trial, it is revealed that Ravi has a mild speech impediment. The court determines that this does not prevent him from understanding the questions or giving rational answers, so he is allowed to testify.

Example 2:

Meera, an 85-year-old woman, is a key witness in a property dispute case in Delhi. When she is called to testify, the court observes that she has difficulty hearing and sometimes gets confused about dates and events. The judge decides to assess her ability to understand the questions and provide rational answers. After a brief examination, the court concludes that Meera's extreme old age and hearing issues prevent her from fully comprehending the questions and giving coherent answers. Therefore, the court rules that she is not competent to testify in this case.

Example 3:

Arjun, a 10-year-old boy, witnessed a theft in his neighborhood in Bangalore. The court needs his testimony to understand what happened. Before allowing him to testify, the judge asks Arjun a few simple questions to determine if he can understand them and provide rational answers. Arjun answers the questions clearly and accurately. The court finds that despite his tender years, Arjun is competent to testify because he can understand the questions and give rational answers.

Example 4:

Sita, a woman suffering from schizophrenia, witnessed a robbery in Chennai. The court needs her testimony to establish the facts of the case. The judge decides to evaluate her mental state to determine if she can understand the questions and provide rational answers. After consulting with a medical expert and observing Sita's responses, the court concludes that her unsoundness of mind does not prevent her from understanding the questions or giving rational answers. Therefore, Sita is deemed competent to testify.