Q:- Whether a child is competent to testify? State value of evidence of a child witness. Whether an un-sworn testimony of a child is admissible? State legal position, as to administration of an oath to a child witness.
Ans:- In the Indian Evidence Act, 1872, Section 118 deals with the competency of witnesses. As per this section, all persons are competent to testify unless the court considers that they are prevented from understanding the question put to them or from giving rational answers due to their tender years, extreme old age, disease of body or mind, or any other cause of the same kind. This means that a child can be a competent witness as long as they can understand the questions asked and give rational answers.
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