Under Section 118 of the Indian Evidence Act, 1872, all individuals are eligible to provide testimony unless the court finds that they are unable to comprehend the questions posed to them or provide coherent responses due to factors such as young age, advanced age, physical or mental illness, or similar circumstances. A person with a mental illness is not automatically disqualified from testifying. They may still be eligible if their condition does not prevent them from understanding the questions and providing rational answers.

Section 134 of the Indian Evidence Act, 1872 explicitly stipulates that the number of witnesses is irrelevant in establishing a fact in a case. The court's focus lies not on the quantity but on the credibility of the witnesses presented.

A person's eligibility to serve as a witness is contingent upon specific criteria in legal proceedings. Witnesses must possess the cognitive and ethical ability to grasp the obligation of truthfulness. Individuals with significant mental impairments may be deemed ineligible. Privileged communications, such as those between spouses or attorney-client interactions, are generally excluded unless the privilege holder waives the privilege. The identities of confidential informants are shielded to preserve their safety and the integrity of investigations.

Children and vulnerable witnesses may need special measures to facilitate their effective testimony. Individuals with biases or conflicts of interest that could impair their impartiality may be disqualified. Persons with criminal backgrounds, especially for offenses involving dishonesty, may be deemed ineligible due to concerns about their credibility.

Government officials may be prohibited from divulging classified information to safeguard national security interests. Adhering to these criteria ensures fairness, reliability, and integrity in witness testimony within legal proceedings.

In the legal realm, calling witnesses is a crucial part of ensuring fair trials and just verdicts. However, there are situations when an individual may be disqualified from being a witness. Such disqualifications are typically based on factors of competency, credibility, bias and privilege.

We must know who cannot be called as a witness if we want our legal proceedings to maintain their integrity. Below is an in-depth examination into different groups of people who may be prevented from testifying in court under common law or statutory provisions.

Competency: For one to qualify as a witness, they must meet certain minimum requirements known as competency. Competency refers to the mental and moral ability of an individual to understand what it means to take an oath and give evidence in court while appreciating its implications; thus, minors may not serve as witnesses because some lack this understanding due to age whereas others might have severe mental impairments which also affect their judgment capacity coupled with absence of necessary knowledge about truth telling obligations.

Spousal Privilege: This is a rule that protects communication between spouses from being disclosed at trial unless both agree otherwise-known as spousal privilege. There are two types of marital privilege: the marital witness privilege and the marital communication privilege.

The former allows a spouse to refuse to testify against their spouse in criminal proceedings, while the latter protects confidential communications between spouses during the marriage. However, these privileges are not absolute and may be subject to exceptions, for example in cases involving crimes committed against the other spouse or their children.

Physician-Patient Privilege: Similar to the attorney-client privilege, the physician-patient privilege protects confidential communications between a patient and their health care provider. This privilege encourages patients to disclose sensitive medical information to their health care providers without fear of disclosure in court without their consent. However, like other privileges, there are exceptions, such as when disclosure is necessary to prevent harm to the patient or others.

Religious Confidential Privilege: In some jurisdictions, certain communications to religious advisors or members of the clergy may be protected by the religious confidential privilege. This privilege is intended to promote open communication between individuals and their religious advisors, allowing them to seek guidance and advice without fear of disclosure in court.

Government Officials: In certain situations, government officials may be barred from testifying in court to protect sensitive information or national security interests. For example, high-ranking government officials may exercise executive privilege to refuse to testify about confidential conversations or decisions made within the executive branch.

Persons with Criminal Records: In some jurisdictions, individuals with specific criminal convictions may be prohibited from serving as witnesses due to concerns about credibility and reliability. Courts often question the trustworthiness of testimony from someone with a history of dishonesty or criminal behaviour.

Privilege against Self Incrimination: The Fifth Amendment to the United States Constitution grants individuals the right to refuse to testify in court if their testimony could potentially lead to criminal prosecution. This privilege safeguards individuals from being forced to provide self-incriminating testimony.

Witnesses with Conflicts of Interest: Witnesses with conflicts of interest or inherent biases that could impact their testimony may be disqualified from serving as witnesses. For instance, a witness who stands to gain financially from the case's outcome may be deemed biased and therefore unreliable.

In summary, while the right to call witnesses is a fundamental aspect of the legal system, there are restrictions on who can be called as a witness. These restrictions are based on competency, privilege, credibility, bias, and other factors designed to ensure the integrity and fairness of legal proceedings. Understanding these limitations is crucial for both legal professionals and individuals involved in legal matters to effectively navigate the complexities of witness testimony.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565