Competency of a Lunatic Person to Testify

Bharatiya Sakshya Adhiniyam, 2023

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

[Advocate]

 

 

Competency of a Lunatic Person to Testify-

Tanmoy Mukherjee

[Advocate]

 Statutory Provision-

Section 124 of Bharatiya Sakshya Adhiniyam, 2023 [Section 118, Indian Evidence Act, 1872]-

“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 of body or mind, or any other such cause.”

 Thus, a lunatic is not automatically disqualified. The test is capacity to understand and answer rationally at the time of giving evidence.

Principle of Lucid Interval-

Even if a person is generally of unsound mind, he may be competent during periods of sanity (“lucid intervals”).

What matters is mental fitness at the time of deposition.

Reference Cases-

1. Emperor v. Brown (1906) ILR 30 Bom 529

Held that a lunatic can be a competent witness if he is capable of understanding questions and giving rational answers.

2. Queen Empress v. Bhomia (1890) ILR 12 All 485

Court recognized that the evidence of a lunatic given in lucid intervals is admissible.

3. Hari Charan Kurmi v. State of Bihar, AIR 1964 SC 1184

SC observed that competency of a witness is distinct from credibility. Even if competent, their testimony must be carefully scrutinized.

4. State of Rajasthan v. Darshan Singh, AIR 2012 SC 1973

Evidence of a person of unsound mind cannot be rejected outright. Competency depends on whether he understood the questions and gave rational answers.

5. State of Madhya Pradesh v. Ramesh, (2011) 4 SCC 786

Court held that testimony of a person of unsound mind is admissible if the witness was in a fit state of mind at the time of giving evidence.

6. Nobat Ram v. State of Rajasthan, 1987 Cri LJ 1508 (Raj HC)

Evidence of a mentally unsound witness was accepted where medical evidence confirmed that the witness could understand and respond to questions.

 Judicial Guidelines-

1.The judge must conduct preliminary examination to satisfy himself that the lunatic is able to understand and answer.

2.The mental condition at the time of giving testimony is decisive, not before or after.

3.Court may seek medical evidence regarding witness’s mental condition.

4.As a rule of prudence, corroboration is desirable before placing reliance on such testimony.

Under Section 124 of Bharatiya Sakshya Adhiniyam, 2023 [Section 118, Indian Evidence Act, 1872], a lunatic is a competent witness if capable of understanding and giving rational answers at the time of testimony.

Their evidence cannot be rejected solely on grounds of unsoundness of mind but must be scrutinized carefully.

Courts generally seek corroboration to ensure reliability.