Indian Evidence Act, 1872 · Section 118

IEA 118 in BSA: Section 124

Section 118 of the Indian Evidence Act, 1872 corresponds to Section 124 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 118 deals with who may testify. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 118 is now BSA 124.

Who may testify

Carried over
96% of the old wording kept
Old · IEA 1872 · Ch. IX
s. 118
Who may testify
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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. IX
s. 124
Who may testify.
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 person of unsound mind is not incompetent to testify, unless he is prevented by his unsoundness of mind from understanding the questions put to him and giving rational answers to them.
Text from India Code

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