Yougeshwar Bandhral 25 February 2020

Who can be a witness of a crime?

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?

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5 Replies

Akshay (Advocate) 25 February 2020

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

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 26 February 2020

1. Victim is definetly a Witness (Complainant-Witness) and Court is bound to record his testimony during the Trial proceedings.

2. Apprehensively the State Public Prosecutor /Private lawyer, failed to conduct /lead the Trial Proceedings.

3. The Victim can file Appeal against the Trial court order, for directions to remand back for fresh hearing.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Advocate) 27 February 2020

What is your locus standi / concern with the query, if it is a true story?

Sudhir Kumar, Advocate (Advocate) 27 February 2020

anyone who knows the facts who can understand the question and explain answer to the court is a witness.

P. Venu (Advocate) 27 February 2020

Yes, the victim is a competent witness. If the proceedings suggest that the prosecutor had not been diligent, the witness himself is entitled to file an appeal.