Witness simply means someone (he/she) who sees an event and reports what happened. Witness is person who testifies under oath in a court of law. In other words, a person who testifies to what he or she has seen, heard, or otherwise experienced in court, legislative committee or any concerned authority. It includes an interested party who requests permission to testify.
All persons, who can understand the questions, put them or can give rational answers to those questions are competent testify before a court. ….. [Seraj Miah vs. State (1997) 49 DLR 192]
See, chapter IX and X of the Evidence Act, 1872.
One of the basic characteristics of judicial ad¬ministration in the country is the holding of a trial in an open court and the rule requiring a witness who wants to depose in the case to go upon the wit-ness box and to give a sworn testimony which may be tested by cross-examination lays down a salutary procedure. That such a testimony is to be given in an open Court presupposes a kind of moral pressure which, under normal conditions of civilized society, is expected to ensure some amount of truthfulness on the part of a witness.
The Judge of the trial Court who is to decide the case should be in a position to make an assessment of the testimony given by a particular witness on the basis of the words deposed, mode of deposition as well as his entire demeanour in the witness box. The right of cross-examination of a witness of an opposite party in presence of the Judge is a valuable right. The provisions of the Code should be inter¬preted in a manner which is consistent with this bas¬ic principle of the judicial procedure. ….. [Dacca WASA vs. Roushan Ara Begum, (1973) 25 DLR 461]