AIR 1918 BOMBAY 212 ::1918 Cri LJ(2) 598 (BOM) ::1918 Bom LR(270) 365 ::1918 (20) Bom LR 365 ::(1918) 45 Ind Cas 497

Bombay High Court

Hon'ble Judge(s): Shah, Marten , JJ

(A) Oaths Act (10 of 1873) , S.13— Evidence of child witness - Omission to administer oath - Evidence is admissible - Evidence must be received with due care and caution. Per Shah, J.-The evidence of a witness of tender years, though taken without any solemn affirmation in the prescribed form is admissible by virtue of the provisions of S. 13. Such evidence however must be received with due care and caution. It is necessary that before proceeding to examine such witnesses the Court should satisfy itself that the witness is competent to testify, that is, is capable of understanding the questions put to him and of giving rational answers to those questions. Thereafter the Court should proceed to administer an oath or affirmation as required by the Oaths Act. (B) Evidence Act (1 of 1872) , S.118— Witness-Competency of-Inability to understand nature of solemn affirmation does not amount to inability to understand questions. Oaths Act (10 of 1873) , S.15— If the witness is found to be incapable of understanding the obligations of such an oath or affirmation, he may be examined without an oath or affirmation, provided he is found to be a competent witness. These facts may be noted, so that the record may show that before taking the st....