BACK TO BSA 2023AIR 1952 SC 54
BSA 2023ACTIVE FRAMEWORKChapter IX
Section 118
Who May Testify
Of Witnesses
Quick Legal SummaryIEA IEA S.118
Statutory Snapshot
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.
Legislative Intent & Background
Preserved from IEA Section 118.Critical Provisions & Changes
BSA Section 118 is textually identical to IEA Section 118 — no change.
Landmark Judicial Precedents
Rameshwar v. State of Rajasthan (1952)
Child witness competency — applies under BSA Section 118.
Practical Scenarios & Illustrations
Same as IEA Section 118 examples.
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.
BSA Section 118 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 (Who May Testify) directly governs how courts evaluate and admit evidence in civil and criminal proceedings. 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. Advocates must ensure that evidence sought to be relied upon satisfies the conditions prescribed by this provision, failing which it may be excluded or accorded lesser weight by the court.