Request advice in Sec 25 of G act
Querist :
Anonymous
(Querist) 25 March 2010
This query is : Resolved
Respected sir/madam,
my son has filed a case of custody and he has to under for evidences and cross examine. He is hardly 10th pass and having a speach problem. Some times may may not understand the question asked by the cross edxaminer in english and secondly he gets penic also .Kindly sugest
what is to be done in that caase and how I can prepare him for that in very short time. And also tell me some important points or questiuons can be asked during cross. I will be very thanksfull to you for the help....
Thanks
Parveen Kr. Aggarwal
(Expert) 25 March 2010
Section 118 of the Indian Evidence Act, 1872:
"118. Who may testify? - All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put to them, or from giving rational answer to those questions, by tender years, extreme old age, disease, whether of body and 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 question put to him and giving rational answers to him."
Ashok Yadav
(Expert) 26 March 2010
For language problem you can request the court to ask questions by lawyer in hindi or in any local language as you can understand easily, Question of cross depends upon your chief examination, it can not be said which questions can be asked.
ad. creaminall
(Expert) 26 March 2010
i agree with mr. pravin and ashok kumar.
