i know a person who was assaulted by 4 persons. he was beaten severely and was then hospitalised. He recovered in 2 months. His family logged a case against those 4 persons but the court did not accept the victim's testimony. According to them he is not a witness of the crime. His family members can not testify either. Only the non related persons of the victim can act as a witness. Its been 4 years since this happened. Those 4 persons are living their life happily.
I just want to know can a victim can not be a witness of the crime?
Is he misinformed or misrepresented?
Hi
Thank you for your question
Sec-118 of Indian Evidence Act,1872-Who may testify-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, whether of body or 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 questions put to him and giving rational answers to them.
hope this will help you
Best regards,
Akshay Gupta
