Evidence Act Section 3 Analysis - A Tricky One!
evidence general intermediate pyq_discussionYaar, I still remember this question from last year's CLAT PG. It said: "A witnesses in a trial under IPC says that he saw the accused running away from the spot where he allegedly committed a murder. On being cross-examined, it comes out that the witness had a grudge against the accused. Can the accused rely on the ground that the witness is an interested person under sec 3 of the Evidence Act to discard the witness's testimony?"
Here's the catch - sec 3 of the Evidence Act talks about the general rule that an interested person can't testify. But the question is, can the accused rely on this to discard the witness's testimony in a trial under IPC? The correct approach is to remember that sec 3 of the Evidence Act is about the competency of the witness, not the value of the testimony.
Ye section 3 ke bare mein to kai log apni apni baat karte hain. Lekin mujhe lagta hai ki unke views bahut limited hain. Evidence Act mein section 3 ka matlab yeh hai ki jo bhi saboot hain, ve saboot hai keval us time ke liye jise court ne decide kiya hai. Yeh section 3 aapke statement ko prove karne ke liye kaafi zaroori hai.