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CHAPTER V
WITNESSES
PART I
Acts Nos. 19 of 1980 s. 11; 4 of 1998 s. 27 127.-
COMPETENCY, COMPELLABILITY AND PRIVILEGE OF WITNESSES
Who may testify
(1) Every person shall be competent to testify unless the court considers that he is incapable of understanding the questions put to him or of giving rational answers to those questions by reason of tender age, extreme old age, disease (whether of body or mind) or any other similar cause.
(2) Where in any criminal cause or matter a child of tender age called as a witness does not, in the opinion of the court, understand the nature of an oath, his evidence may be received though not given upon oath or affirmation, if in the opinion of the court, which opinion shall be recorded in the proceedings, he is possessed of sufficient intelligence to justify the reception of his evidence, and understands the duty of speaking the truth.
(3) Notwithstanding any rule of law or practice to the contrary, but subject to the provisions of subsection (7), where evidence received by virtue of subsection (2) is given on behalf of the prosecution and is not corroborated by any other material evidence in support of it implicating the accused the court may, after warning itself of the danger of doing so, act on that evidence to convict the accused if it is fully satisfied that the child is telling the truth.
(4) Notwithstanding any rule of law or practice to the contrary, but subject to the provisions of subsection (7), the evidence of a child of tender age received under subsection (2) may be acted upon by the court as material evidence corroborating the evidence of another child of tender age previously given or the evidence given by an adult which is required by law or practice to be corroborated.
(5) For the purposes of subsections (2), (3) and (4), the expression "child of tender age" means a child (whose apparent age is not more than fourteen years.
(6) A person of unsound mind shall, unless he is prevented by his condition from understanding the questions put to him and giving rational answers to them, be competent to testify.
(7) Notwithstanding the preceding provisions of this section, where in criminal proceedings involving sexual offence the only independent evidence is that of a child of tender years or of a victim of the sexual offence, the court shall receive the evidence, and may, after assessing the credibility of the evidence of the child of tender years of as the case may be the victim of sexual offence on its own merits, notwithstanding that such evidence is not corroborated, proceed to convict, if for reasons to be recorded in the proceedings, the court is satisfied that the child of tender years or the victim of the sexual offence is telling nothing but the truth.
(8) For the purposes of this section the term "sexual offence" means any of the offences created in Chapter XV of the Penal Code