The statement deposed by the witness before the court of law, either in oral or written form, is called the testimony of the Witness. The procedure of the testimony of a witness either in a civil trial or criminal trial has been laid down in the Indian Evidence Act. Although, upon the direction of the court, the witness has to depose the statement by way of affidavit, and the same has to be filed before the trial court.

WITNESS:

According to section 118 of the Indian Evidence Act, Witness can be any competent person who can depose the statement with regard to knowledge of the action upon which the proceeding of the trial has begun. Only below mention, these people cannot be the witness before the court, who are not competent to answer the question by virtue of 

• Their Tender Years

• Extreme old Age

• Suffering from extreme serious ailments, either physical or mental.

TYPES OF WITNESSES:

PROSECUTION WITNESS:

Any person who has been brought before the court, by the prosecution, in order to support their claim, to dispose of the statement before the court.

DEFENSE WITNESS

Any witness who deposes the statement in support of the discharge of the accused, or to support the claim of the defendant/respondent, is known as Defense Witness.

EYE WITNESS:

Any witness who was present at the time and place of crime and deposed the statement of the same with full authenticity is known as an Eye witness.

EXPERT WITNESS:

Any witness, who is the expert of any particular profession, beyond the average individual such as a doctor and whose statement is important with regard to the trial, is known as an expert witness.

CHILD WITNESS:

Any child who is competent enough to understand the question before the court and are competent enough to give rational answers for that is known as a Child witness

The Hon’ble Calcutta High Court has laid down the settled grounds with regard to child witness in the matter of   Santosh Roy vs State Of West Bengal, 1992 CriLJ 2493. The court laid down that the evidence act does not prescribe any particular age as a demarcating line for treating a witness incompetent to testify by reason of his or her tender years. A child's intellectual capacity to understand questions and give rational answers thereto is the sole test of testimonial competency.

The court further held that when a child below 12 years of age appears before a Court as a witness, the Court should, before administering oath or affirmation to him satisfy itself by putting appropriate questions that he can understand ordinary questions and give intelligible and rational answers thereto, that he has a general idea of what is right and what is wrong, that he understands the duty of speaking the truth as well as the nature of an oath or affirmation, etc. and keep a note of the same along with the Court's opinion about the testimonial competency of the witness and his fitness to take an oath or make an affirmation. Where, however, the witness appears to be aged 12 years or more such examination on the voir dire, i.e. preliminary examination by the Judge before administering an oath, may not be necessary except where the Judge has reason to doubt his testimonial competency or where an objection is raised at the very beginning about such competency of the witness. 

DUMB WITNESS:

Under Section 119 of the Indian Evidence Act, the witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. The evidence so given shall be deemed to be oral evidence.