Is a rustic person a competent witness?

Question: Is a rustic person a competent witness?

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Answer

According to section 118 of the Indian Evidence Act, all persons are competent to testify, unless they are, in the opinion of the court

1. unable to understand the questions put to them, or
2. to give rational answers to those questions, owing to

(a) tender years,
(b) extreme old age,
(c) the disease of mind or body or
(d) any other such cause.

Even a lunatic, if he is capable of understanding the questions put to him and giving rational answers, is a competent witness.

The only basic requirements for a person to qualify as a competent witness in eyes of court is that: To testify, a witness needs only the ability to recall what they have seen and heard, and be able to communicate what they recall.

To communicate, the witness must be able to understand and respond to questions, and the witness must demonstrate the moral capacity, to tell the truth.

Thus, it can be said in view of this section that even a rustic person is a competent witness unless the court thinks it otherwise. The fabric of truth should be the guiding factor, and not the village or rustic background of the witness

It was observed in the case of Sukhwinder Singh v. State of Punjab, 2014 Cr LJ 446 (para 9) (SC) that the evidence of rustic witnesses must be read bearing their simple background in mind. Their evidence cannot be rejected for minor inconsistencies.

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