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Competent 

witness
(Dear students I will not go into extra
details as we discussed the topic in our
face to face class)
Article 3 of Qanoon e Shahadat
All the persons shall competent to testify unless
the Court considers that they
are prevented by understanding the question put to 
them or from giving rational answers to those
questions, by
1. Tender years,
2. Extreme old age,
3. Disease, whether of body or mind or any other
cause of the same kind. 
A Lunatic is not incompetent to testify unless he is
prevented by his lunacy from understanding the
questions put to him and giving rational answers to
them.
Child Witness:-
Under Article 3 child can be a competent witness if
he understands the question and gives rational
answers to them
What the law requires is not the factor of
age but the intelligence. [1998 PCrLJ 1680].
Deaf and Dumb: -
A person who is deaf and dumb can also be a
Competent
witness provided that he understands the question 
and is capable of giving answers by writings,signs or
in any other manner in which he can make himself
clear.
Distinguish between competency to give evidence
and comparability to give evidence:
By competency to give evidence mean that there is
no legal bar against the person concerned to testify
in Court. By comparability to give evidence is meant
compulsion to depose.
(Competency criteria according to the injunctions of
ISLAM is discussed in class)

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