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BSA 2023ACTIVE FRAMEWORK
Section 118
Who May Testify
THE STATUTE
Original Text
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.
Legal Commentary
BSA Section 118 is textually identical to IEA Section 118. The functional competency test is unchanged. All case law on child witnesses, lunatic witnesses, and preliminary competency examinations applies under BSA Section 118.
Questions & Answers
No — BSA Section 118 is identical to IEA Section 118. The functional test (can the person understand questions and give rational answers?) is unchanged. All case law applies.