Law Maker

CHAPTER IX.––OF WITNESSES

Section 118: Who may testify

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation.––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.

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

118. Who may testify.BSA 124

Questions on this section

2 questions in 9 of our papers cite Section 118. Try these from the free papers:

  1. 1. Under Section 124 of the BSA, a person is not competent to testify when the Court considers that he is:

Practise questions on Criminal Law