Test of Competency of witness is :

All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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36.

Test of Competency of witness is :

A: Her being intelligent

B: Must be major

C: Understanding the nature of question

D: Capable of understanding the nature of question and giving rational answer

The answer is: D

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Explanation

The correct option is D: Capable of understanding the nature of question and giving rational answer.

This is the test of competency of a witness as per section 118 of the Indian Evidence Act, 1872. The section states that all persons are 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. Therefore, the test of competency is not based on the intelligence, age, or status of the witness, but on their ability to comprehend and communicate rationally.