Competency of witnesses (S.118-120) No witness can be allowed to give evidence in the court if he is not competent to be a witness.

. Compellability even where a witness is competent, he may not be compellable. The term 'compellability' has to be understood in two ways 1) Compelling to sworn in or affirm as witness i.e. to make him appear before the Court. 2) Compelling to answer questions after he has been sworn Compellability to appear - A person, though competent to be a witness, may not be compelled to to appear as a witness a. If he is not within the jurisdiction of the court b. Because of his special status c. Because of the immunity granted by the legislature. Compellability to answer even a person is competent and compellable to appear before the court, he may not be compelled to answer certain questions under the provisions of this Act. (S. 121 - 132) S. 118 120 define competency of witness S. 118 general rule as to the competency of witness the only test of competency is that the witness should not be prevented from understanding the questions put to him or giving rational answers to those questions because of tender years, lunacy, disease and old age etc. Involves the intellectual capacity to function as a witness Competency of an accused to be a witness Amendment of CrPC in 1955 inserted S. 342A

Competency of a child witness A child is not disqualified as a witness solely by reason of his youth No precise age laid down to determine competency Depends upon the capacity and intelligence of the child

A child of 6/7 years is a competent witness if it appears from his disposition that he can understand the questions put to him and give rational answers State v. Allen The court concluded that the true test of the competency of a young child of tender years consists of (1) An understanding of the obligation to tell the truth,

(2) The mental capacity at the time of the occurrence concerning the testimony, (3) sufficient memory to retain an independent recollection of the occurrence, (4) the capacity to express in words her memory of the occurrence, and (5) the capacity to understand simple questions about the occurrence. Credibility of child witness Reliance on a child witness may turn out to be dangerous. But there is no strict rule of law that conviction can never be based on child evidence

Communications (privileged, official, professional) (S.121-132) Matters where a witness cannot be compelled to disclose but he can, if he wishes to do so. (S. 121, 122, 124, 125, 129, 130-132) Judges and Magistrates (S. 121) A judge or magistrate cannot be compelled to any question as to His conduct in the court in the capacity of judge or magistrate. Any matter which comes to his knowledge as judge or magistrate Reasons The rule is based on public policy if the judge assumes the place of a witness he would be put into a partisan attitude and would lose the essential quality of being impartial. His continuing power as judge would embarrass the opposing counsel in his crossexamination and would restrict the opponent's opportunity to expose the truth.

No privilege when matters come to his knowledge not as a judge or magistrate. If the judge or magistrates do not object to questions, questions cannot be disallowed Disclosure of marital communications (S. 122) 'Compelled to disclose' & 'permitted to disclose' Object to protect family peace and mutual confidence between the married couple Privilege applies to communications, not to acts or conduct. Communications must have been made during the continuation of the marriage. It remains protected even after divorce. Divorce does not terminate the privilege for confidential marital communications. Death of a spouse does not make the communications admissible. Exceptions under which marital communications may be permitted to disclose: If the party against whom evidence is given gives consent for disclosure.

If one spouse is prosecuted for crime against the other Affairs of state (S. 123) The document must relate to affairs of the state. The document is an unpublished work the disclosure would result in injury to public interest. Exception permission of the officer at the head of the department concerned (his discretion) Case law State of Punjab v. Sodhi Sukhdeo Singh (state claimed privilege under S. 123) Official Communications (S. 124) A public officer cannot be compelled to disclose communications which are made to him in official confidence if the disclosure would injure public interest. Voluntary disclosure by the public officer is not prohibited by the section. Information as to commission of offenses (S. 125) Magistrates or police officer shall not be compelled to disclose the source of information as to the commission of any offense. This privilege may be waived. If the witness himself is willing to answer, the section does not prohibit him from answering Professional Communications (S. 126) S.126-129 deal with the communications between a client and his professional legal adviser. All communications between professional advisers like barrister, attorney, pleader or vakil and their clients are strictly confidential and they cannot be disclosed by the adviser except with the consent of the client. The adviser is also prohibited from disclosing contents of any document with which he has become acquainted during the course of his professional employment, and any advice given by him to the client. Professional Communications (S. 126) Reasons

Confidence Impossible to conduct legal proceeding without professional assistance Necessity to secure the fullest and most unreserved communications between the legal adviser and the client to render the assistance effective. Designed to protect the interest of the client, hence privilege conferred by this section may be waived by the client himself either expressly under S. 126 or under second part of S. 128

 Waiving of privilege (S. 128) When the client calls legal adviser as a witness and puts to him questions on matters which he would not be at liberty to disclose, he would be deemed to have waived the privilege to that extent.

Confidential communications with legal advisers (S. 129) No one shall be compelled to disclose to the court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, that too only those communications which may appear to the court necessary to be known Production of title deeds of witness not a party (S. 130) No witness shall be compelled to produce his title deeds to any property.

Witness not to be excused from answering on the ground of incrimination (S. 132) All persons should be encouraged to come forward with evidence. Hence they should be protected from unnecessary annoyance and inconvenience.

The section denies this protection, but the proviso ensures that the evidence obtained by compelling him to answer incriminating questions shall not be used against him in any criminal proceeding, except for prosecuting him for giving false evidence