Competent To Testify

Quality and not quantity of witnesses is required to prove the commission of offence, if prosecution feels satisfied that its case can be proved by producing single witness. There should be no compulsion to produce all witnesses mentioned in FIR. A person who is legally qualified to testify. A competent witness must have following qualifications. A witness should be capable of understanding the quations put to him by court.

 A witness should have the capacity to give rational answers to the questions put to him. Following persons are not competent to testify. A person who is prevented from understanding due to the tender age is not competent to testify. A person who is in capable due to his extreme old age is not competent. A person who is prevented from understanding due to any disease mentally or physically.

 For a competent witness, it is necessary that he should not e convicted for perjury. A witness who is competent to testify must be qualified in accordance with the injunction of Islam as laid down by Holy Quran and Sunnah. Quran and Sunnah provide the dconcept of Tazkia-tul-shahood for the purification of witnesses.

a- Tazkia means purification

b- Shahood means witnesses

Following are the perameters of the tazkia tul shahood

i- Witness must e major

ii- Witness must be sound minded

iii- Witness must be Male

iv- Witness must be Muslim

v- Witness must be abstained from major sins

When he is out lunatic and fulfills the conditions for understanding the questions is a competent one. A person who is deaf and dumb is a competent witness if he understand questions and can give rational answers they will do.

A deaf and dumb person can give evidence

a- By signing

b- By writing

Child is a competent witness under all circumstances or his competency can be boosted.Child must be closely and carefully examined by the court. There are two views regarding the examination of child discussed as follow. Certification by the court is sufficient for child witness. Inquiry procedure and question answer must be written by judge.

 A woman is competent to depose witness if she fulfills the conditions for competency of witness. Following are the case where a woman witness has it’s a shuffling value. In Hadood cases woman witness is in competent to depose its evidence. In financial transaction to woman witness are equal to one male witness because.

a- Woman loses the way

b- Gets confused

c- Gets error

   

In some circumstances woman witness is considered by the courts equal to man

a- Example

* Divorce cases

* Courts discretionary matters

* Qazff case

In some special circumstances woman witness becomes more valuable than a male witness.

a- Example:

* Paternity cases

* Rape cases

It is to be determined in accordance with injunction of islam as laid down in Holy Quran and Sunnah. Two male, Muslim eye witness Four male, Muslim eye witnesses Two male, Muslim eye witnesses All the financial matters must be witnessed by two female witness or one male. A court may accept and act upon the testimony of one male or one female witness.