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Who may testify? Dumb witnesses What is Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial? Section 118, 119 and 120 of Indian Evidence Act 1872

Who may testify, Dumb witnesses and Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial are defined under section 118, 119 and 120 of Indian Evidence Act 1872. Provisions under these sections are:

Section 118 of Evidence Act "Who may testify"

All persons shall be competent to testify unless the Court considers that they are prevented form understanding the question 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.

Section 119 of Evidence Act "Dumb witnesses"

A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence

Section 120 of Evidence Act "Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial"

In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person , respectively, shall be a competent witness.

 

Indian Evidence Act 1872

What is Proof of good faith in transactions where one party is in relation of active confidence? What is Presumption as to certain offences? Section 111 and 111A of Indian Evidence Act 1872

Is Birth during marriage, conclusive proof of legitimacy? What is Proof of cession of territory? What is Presumption as to abetment of suicide by a married women? Section 112, 113 and 113A of Indian Evidence Act 1872

What is Presumption as to dowry death? What is the meaning Court may presume existence of certain acts? What is Presumption as to absence of consent in certain prosecutions for rape? Section 113B, 114 and 114A of Indian Evidence Act 1872

What is Estoppel? What is Estoppel of tenant; and of license of person in possession? What is Estoppel of acceptor of bill of exchange, bailee or licensee? Section 115, 116 and 117 of Indian Evidence Act 1872

Who may testify? Dumb witnesses What is Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial? Section 118, 119 and 120 of Indian Evidence Act 1872

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