Which one of the following regarding witnesses under the Indian Evidence Act, 1872 is not correct?

A

An accomplice cannot be a witness.

B

Communication between lawyer and client is privileged, hence cannot be admitted as evidence.

C

Competency of witness shall be decided by Court.

D

A dumb witness may give his/her witness only in writing which may amount to oral witness.

Explanation

The statement in Option A is incorrect because Section 133 of the Indian Evidence Act, 1872 explicitly states that "An accomplice shall be a competent witness against an accused person." It further clarifies that a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

Option B: Is correct as per Section 126, which provides for professional privilege regarding communications between a lawyer and their client.
Option C: Is correct as per Section 118, which mandates that the Court determines competency based on whether a person can understand questions and provide rational answers.
Option D: Relates to Section 119, which states that a witness unable to speak may give evidence in any intelligible manner (like writing or signs), and such evidence is deemed oral evidence.

Change set

Question map

Which one of the following regarding witnesses under the Indian Evidence Act, 1872 is not correct?

Explanation

SIMILAR QUESTIONS

Which one of the following pairs is not correctly matched as per the Indian Evidence Act, 1872 ?

Which one of the following pairs of Section and Clause with regard to the Indian Evidence Act, 1872 is not correctly matched ?