Close relative witness

A witness is a person who gives evidence or testimony before any tribunal. Witnesses can be the people or experts with valuable input for the case.

Section 118 of the Indian Evidence Act generically lays down 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 answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

According to this Section, close relatives are not debarred from being witnesses in the Court of law. Therefore, the close relatives (father, mother, brother, maternal uncle) as well as the other witnesses (the doctor and the I.O.) are competent to testify and can appear as witnesses in the case. You should consult an expert to help you in this regard.

-Regards

Advocate Pooja

www.lawkonect.com

             I am also faced with false 498a case.   due to my profession i stayed in delhi ( central Govt. service quarter)  whereas my native is West Bengal. AND  FIR U/S 156(3) FOR 498A was registered at West Bengal.  

             my wife and M-I-L never wanted my parents to visit my working place  and my parents also avoided such visit. whereas my brother-in- law who also resides at delhi was a regular visitor at every week end.my mother in law came form west bengal and  stayed with at my service quarter  in delhi for 4 times and every time the duration was 3-4 months. all my in laws got best possible hospitality form me  at delhi including touring various tourist places at my expenditure and initiative ( photographs and video as proof).  NOW THEY ARE THE WITNESS. IF  MOTHER-IN-LAW, BROTHER-IN-LAW  LIE  AND TELL THAT THEY WITNESSED  TORTURE   AGAINST  MY  WIFE  THEN  HOW  MUCH  SIGNIFICANT  IS  THAT  WITNESS whereas no independent witness from neighbors of   my service  flat.

i agree with Adv. Pooja