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Which one of the following is not correctly matched?

A. Child witness ⇔ Section 118

B. Dumb witness ⇔ Section 120

C. Hostile witness ⇔ Section 154

D. Expert witness ⇔ Section 45

Answer: Option B

Solution (By Examveda Team)

Witness: A witness is a person who provides testimony under oath or affirmation in a legal proceeding based on their knowledge, observation, or expertise.

Correct Answer: Option B - Dumb witness ⇔ Section 120 (Incorrectly Matched)

Reason:
A "dumb witness" refers to a witness who is unable to speak but can still provide testimony through writing, signs, or other means. The relevant provision for a dumb witness is Section 119 of the Indian Evidence Act, 1872, not Section 120.

Section 119: It states that a witness who cannot speak may give evidence in any other intelligible manner, such as writing or sign language. Such testimony is deemed valid and holds the same legal weight as spoken testimony.

Explanation of Other Options:

Option A: Child witness ⇔ Section 118 (Correctly Matched)
Section 118 of the Indian Evidence Act states that all persons, including children, are competent to testify unless they are incapable of understanding questions or giving rational answers due to age or mental condition.

Option C: Hostile witness ⇔ Section 154 (Correctly Matched)
Section 154 allows the court to permit a party calling a witness to put leading questions and cross-examine them if they turn hostile (i.e., give evidence contrary to their earlier statement or intent).

Option D: Expert witness ⇔ Section 45 (Correctly Matched)
Section 45 deals with expert witnesses, who are individuals with specialized knowledge in areas such as handwriting, fingerprint analysis, medicine, or science. Their opinions are admissible in court to assist judges in understanding technical matters.

Thus, the incorrect match is Option B (Dumb witness ⇔ Section 120) because the correct section for dumb witnesses is Section 119, not Section 120.

This Question Belongs to Law >> Indian Evidence Act

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Related Questions on Indian Evidence Act

Section 27 of the Indian Evidence Act, 1872, permits the use of discovery evidence, which lays down strictly as to how much of the information contained in the statement of the accused is made admissible. Which one of the following information is relevant under this Section?

A. That relates to only the place of occurrence

B. That relates to nature of the object

C. That relates to the past user of the object

D. Information given by the accused, as relates distinctly to the fact thereby discovered