636 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
§ Accused as a witness
- While all persons who have understanding are competent as witnesses, there is one exception to the rule. That is, an accused person cannot be examined as a witness in a criminal case in which he is being tried.
There is a case of the disease of the body which does not affect the mind of the understanding. Dumbness is such a disease.
Section 119 deals with the case of such a witness. The Section does not declare him to be incompetent On the other hand, it treats him as a competent, and permits him to give evidence in any manner by writing or by signs made in open Court.
§ Competency from the standpoint of the veracity of the witness
The motives, which prevent a person from telling the truth, are more numerous in judicial proceedings than in ordinary affairs of life because of the fact that, result of a judicial proceeding cannot be flouted and are binding in a more absolute manner than other informal proceedings of a Panch are. Consequently the law at one time rendered many people intellectually competent incompetent to give evidence in a cause.
Formerly, therefore, not only mental incapacity was a good ground for incompetency but interest was also a ground for incompetency. Reason was that, an interested person would not tell the truth. Consequently, at one time, the following persons were deemed incompetent.
Parties to the suit.
Husband and wife against each other.
Accused against himself.
An Accomplice.
This view of the law is now changed and the principle has undergone a change. Question of competency or incompetency has been converted into a question of credibility or incredibility. So that every son is rendered competent to give evidence but it is left to the Court to believe him or disbelieve him.
This new principle is embodied in Sections 120 and 133.