Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 118 of the Indian Evidence Act states that all persons are competent to testify unless the court considers that they are prevented from understanding questions or giving rational answers due to tender years, extreme old age, disease, or infirmity ["2025 7 Supreme 505"] ["
Megh Singh VS District Judge, Hapur - Current Civil Cases (2017)
"] ["2017 0 Supreme(All) 2700"] ["1999 0 Supreme(Bom) 680"] ["2022 Supreme(Online)(Mad) 90042"].When a plaintiff is unable to testify due to physical illness or severe mental or physical health issues, a witness can appear on their behalf, such as a family member or authorized agent, provided they are competent under Section 118 ["
Megh Singh VS District Judge, Hapur - Current Civil Cases (2017)
"] ["2017 0 Supreme(All) 2700"] ["1999 0 Supreme(Bom) 680"].The competency of a person to testify is distinct from their personal capacity; a person holding a Power of Attorney cannot automatically be deemed competent to testify solely by virtue of holding such authority. Their status as a witness depends on whether they meet the criteria under Section 118, i.e., understanding questions and giving rational answers ["2009 0 Supreme(AP) 240"] ["2001 0 Supreme(Raj) 447"] ["1997 0 Supreme(Raj) 576"] ["
Mahendra Kumar VS Armstrong - Dishonour Of Cheque
"].Power of Attorney holders are generally not permitted to appear as witnesses on behalf of the principal unless they are competent under Section 118. The act of giving evidence is a personal act, and the word 'acts' in Rule 2 of Order III does not include the act of a Power of Attorney holder to appear as a witness ["2001 0 Supreme(Raj) 447"] ["1997 0 Supreme(Raj) 578"] ["
Mahendra Kumar VS Armstrong - Dishonour Of Cheque
"].In cases where the plaintiff is incapacitated due to physical illness, a suitable competent witness—such as a family member or authorized agent who can testify about the facts—is permitted to appear on their behalf ["
Megh Singh VS District Judge, Hapur - Current Civil Cases (2017)
"] ["2017 0 Supreme(All) 2700"].Summary: Section 118 of the Evidence Act allows other witnesses to testify on behalf of a party who cannot testify themselves due to physical or mental incapacity. However, such witnesses must be competent under Section 118, and Power of Attorney holders are not automatically considered competent unless they fulfill the criteria ["2025 7 Supreme 505"] ["
Megh Singh VS District Judge, Hapur - Current Civil Cases (2017)
"] ["2017 0 Supreme(All) 2700"].Conclusion:The Evidence Act's Section 118 permits witnesses to appear for a party unable to testify due to physical illness, provided they are competent. The law does not recognize Power of Attorney holders as witnesses solely based on their authority, unless they meet the criteria of understanding questions and giving rational answers.
In legal proceedings, what happens when the plaintiff—the very heart of the case—is too ill to take the witness stand? This is a common dilemma in civil and criminal matters under Indian law. , addresses witness and provides a pathway for other witnesses to step in when a party like the plaintiff cannot testify due to physical illness. But it's not automatic; the court plays a pivotal role.
If you're dealing with a case where the plaintiff faces health challenges, understanding this provision can be crucial. This article breaks down the law, key principles, case examples, and practical considerations. Note: This is general information based on legal precedents and should not be taken as specific legal advice. Consult a qualified lawyer for your situation.
A frequent query arises: Section 118 Evidence Act allows other witness to appear on behalf of the plaintiff when plaintiff is not capable of being testify due to physical illness. The short answer is yes, generally, but subject to strict conditions.
Section 118 states that all persons are competent to testify unless the court finds they are unable to understand questions put to them or give rational answers due to tender years, extreme old age, disease (of body or mind), or any other cause.
1988 0 Supreme(Raj) 414 2013 0 Supreme(Guj) 265. This means physical illness doesn't automatically bar testimony—neither for the plaintiff nor a substitute witness. The court's satisfaction is key. 1988 0 Supreme(Raj) 414.
is about capacity to testify: Can the witness understand questions and respond rationally? , on the other hand, is about reliability—how believable is the testimony? These are distinct. A competent witness's evidence may still be weighed lightly if is questioned. 1988 0 Supreme(Raj) 414.
Section 118 of the Evidence Act deals with the question of of person to testify. 2019 0 Supreme(All) 1595. Even those with illness can qualify if they meet the test.
The court must conduct a preliminary assessment. This is fact-specific—no blanket rules. For instance, in cases of physical weakness, the judge evaluates on the spot.
notes: SP1 also due to unfamiliarity of the matter at hand as well as physical weakness was un.... Here, the court deemed the witness incompetent under Section 118 and expunged the evidence.
Similarly, for mentally challenged persons: Section 118 of the Evidence Act allows for a mentally challenged person to be a competent witness, if he is not prevented due to his illness from understanding the questions put to him/her and giving rational answers to them. 2020 0 Supreme(Gau) 534. This underscores the provision's broad yet conditional application.
When the plaintiff is incapacitated, others—like family members or those with knowledge—can testify. In one case, the plaintiff's daughter was allowed because the plaintiff (mother) and husband were too ill. The court accepted her under Section 118, stressing assessment of capacity.
.
The law does not require the plaintiff to personally testify if a suitable witness (such as a close relative or person with knowledge) can testify on their behalf, especially when the plaintiff is incapacitated.
2017 0 Supreme(All) 2700.
holders also qualify if competent. In a specific performance suit, the court upheld the PoA holder's testimony: The court relied on the provisions of the Evidence Act, specifically ... to appear as witness on behalf of a party. 2000 0 Supreme(Gau) 113. Another case affirmed: Plaintiff`s wife/GPA Holder, having knowledge about execution of release deed - She can be examined as witness. 2017 0 Supreme(Kar) 1555.
Purna Chandra v. The State: is a condition precedent to administering oath and for the court to decide. Even those with disease can testify if rational. 1988 0 Supreme(Raj) 414.
Child Witnesses: Often relevant in family or injury cases. A child witness is competent to testify under Section 118 of Evidence Act. 2019 0 Supreme(All) 860. Courts test via preliminary questions. 2019 0 Supreme(All) 1595.
Rule Distinction: (Sec. 118) ≠ (). A substitute doesn't violate '' if the primary is incapacitated. 2020 0 Supreme(Mad) 2244.
Spousal Testimony: In recovery suits, spouses may be compelled; abstinence draws adverse inference. 2020 0 Supreme(Mad) 2244.
These precedents show courts flexibly apply Section 118 across scenarios—illness, age, mental state—always prioritizing rational capacity. 2013 0 Supreme(Guj) 265 adds: Even lunatics can be competent if they understand and answer rationally.
Not every substitute sails through:- Automatic Disqualification: If unable to comprehend or respond rationally due to severe mental issues or extreme weakness.
.- No Sole Reliance on Medical Evidence: Court's observation trumps certificates. 1988 0 Supreme(Raj) 414.- Time-Barred or Fiduciary Cases: Incapacity doesn't excuse procedural lapses, as in trust disputes. (Related context from sources, though not direct.)
The assessment is subjective and depends on the court’s evaluation, not solely on medical evidence.
When a plaintiff is incapacitated due to physical illness, the court should evaluate the witness’s capacity to understand and answer questions before accepting their testimony.
Section 118 empowers courts to allow witnesses for an incapacitated plaintiff, promoting access to justice without rigid personal testimony requirements. However, success hinges on proving —understanding questions and rational answers.
Key Takeaways:- Physical illness doesn't disqualify; court assesses capacity.
.- Family, PoA holders, or knowledgeable persons can substitute. 2000 0 Supreme(Gau) 113.- Distinguish from or . 2020 0 Supreme(Mad) 2244.- Applies broadly: children, mentally challenged, elderly. 2020 0 Supreme(Gau) 534 2019 0 Supreme(All) 1595.
In essence, Section 118 balances fairness and reliability, ensuring cases aren't derailed by health issues. For tailored advice, reach out to a legal expert.
References: Cited document IDs represent case analyses supporting these points. Full texts available in legal databases.
#EvidenceAct, #Section118, #WitnessCompetency
Competency of a person to testify as a witness is a condition precedent to admissibility and credibility of his evidence – Under Section ... 118 all persons are competent to testify, unless court considers that by reason of tender years, extreme old age, disease, or infirmity ... Section 118 of the EVIDENCE ACT reads thus: “118. Who may testify. ... DW 5 is entitled to appear as an independent witness or attorney ....
PW1 (daughter) was not competent to depose on behalf of the mother when the husband of the respondent is alive, and in view of Section 120 of the Evidence Act husband can depose on behalf of the plaintiff wife. ... In the facts of the case, in a suit for permanent injunction, the respondent got examined her daughter (PW1) on behalf of herself (plaintiff) as she was not in sound mental or physical ....
PW1 (daughter) was not competent to depose on behalf of the mother when the husband of the respondent is alive, and in view of Section 120 of the Evidence Act husband can depose on behalf of the plaintiff wife. ... In the facts of the case, in a suit for permanent injunction, the respondent got examined her daughter (PW1) on behalf of herself (plaintiff) as she was not in sound mental or physical ....
The question whether the general Power of Attorney Holder of a party can be competent witness on behalf of a party has to be answered in the light of section 118 of the Evidence Act. ... The Power of Attorney Holder of a party, only on the ground that he holds the Power of Attorney, cannot be said to be in the category of persons who are in a capable of being witness as provided by Section 118 of the evid....
At this juncture, the Court by applying s 118 of the Evidence Act 1950 decided that SP1 was an incompetent witness and directed his entire evidence to be expunged. ... [12] Section 118 of the Evidence Act 1950 states as follows: All persons shall be competent to testify unless the span ... SP1 also due to unfamiliarity of the matter at hand as well as physical weakness was un....
specific performance - contract for the sale of a plot - Evidence Act, section 118, section 120 - Civil Procedure Code, Order ... Ratio Decidendi: The court relied on the provisions of the Evidence Act, specifically section 118 and section 120, and the ... to appear as witness on behalf of a party. ... Learned counsel for the plaintiff/respondent Mr. SP Roy, assisted by Mr. C. Baruah, while countering the argument of the counsel for the appellant ha....
Witness-competency is not the same as the rule of best evidence. While Sec. 118 deals with witness-competency, the rule of best evidence is essentially outlined in Sec. 3, read with Sec. 60 and 62 of the Evidence Act. ... This distinguishes the functional competency of the witness from the personal competency as provided in Sec. 118 of the Evidence Act, and this goes by the expre....
C.P.C., Order III rule 1; Order XVIII read with Section 118 of the Evidence Act – Entitlement of power of attorney holder to appear ... as witness for the party appointing him power of attorney – Held – Under Order III Rule 1 and Order XVIII read with section 118 ... (supra) had held that under Order 3 Rule 2 power of attorney holder is not entitled to appear as witness for party appointing him power of attorney holder. The work `acts in Rule 2 does not#HL_E....
Section 118 of the Evidence Act clearly provides that all persons shall be competent to testify unless the Court considers that they ... The competency of such person to depose on behalf of the party to the litigation has not been curtailed in any manner by the said provisions of law. The competency of witness is dealt with in section 118 of the Evidence Act. ... Section 118 of the Evide....
Civil Procedure Code – Order 3, Rule 2 and Evidence Act – Section 118 – Question arose; Can a power of attorney holder of a party ... in Section 119 of the Indian Evidence Act, 1872, which are applicable for the purposes of recording the evidence of a dumb witness. ... He can only appear in his own capacity. No one can delegate the power to appear in witness-box on behalf of himself. To ....
However, in the present case, the prosecutrix is a mentally challenged person. Section 118 of the Evidence Act, 1872 is as follows : Section 118 of the Evidence Act allows for a mentally challenged person to be a competent witness, if he is not prevented due to his illness from understanding the questions put to him/her and giving rational answers to them.
Section 118 of the Evidence Act deals with the question of competency of person to testify. Before discussing the evidence of a child witness, it would be advantageous to refer to the law relating to child witness. Under this Section, all persons are competent to testify, unless they are, in the opinion of the Court, (a) unable to understand the questions put to them, or (b) to give rational answers to those questions, owing to (i) tender years, (ii) extreme old age, (iii) disease of mind or body, or (iv) any other such cause. Even a lunatic, if he is capable of understandi....
A child of tender age can be allowed to testify, if it has intellectual capacity to understand questions and give rational answers thereto. (See Gul Singh Vs. State of MP, (2015) 88 AllCriC 358 (SC). A child witness is competent to testify under Section 118 of Evidence Act. The Trial Judge may resort to any examination of a child witness to test his capacity and intelligence as well as his understanding of the obligation of an oath.
The proposition of law about the competence of a person to testify as a witness is governed by Section 118 of the Evidence Act. However, everyone is not entitled or competent to give evidence as witness before a Court unless one fulfils the requirements of the qualifications envisaged in Section 118 of the Evidence Act. Giving evidence before a Court of law is an act within the meaning of the said provision. This Court in the case of Bhimappa and Ors. v. Allisab and Ors., reported in AIR 2006 Kar 231 has held in para 11 as under : "11.
However, everyone is not entitled or competent to give evidence as witness before a Court unless one fulfills the requirements of the qualifications envisaged in Section 118 of the Evidence Act. The proposition of law about the competence of a person to testify as a witness is governed by Section 118 of the Evidence Act. Giving evidence before a Court of law is an act within the meaning of the said provision.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
