IEA 118 to BSA 124: Who may testify
Section 118 IEA (1872) replaced by Section 124 BSA (2023)
IEA 118 to BSA 124 at a Glance
Section 118 IEA (Who may testify) is now Section 124 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 118 to BSA 124?
Section 118 of the Indian Evidence Act, 1872 became Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Lunatic" reads "person of unsound mind", and "lunacy" reads "unsoundness of mind".
IEA 118 vs BSA 124: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 118 | 124 |
| Heading | Who may testify | Same |
IEA 118 and BSA 124: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 118, IEA 1872
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.
BSA 2023 (in force)
Section 124, BSA 2023
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.
When It Applies: IEA 118 vs BSA 124
Under IEA 118
- Every person called as a witness in court was competent to testify by default.
- The court assessed whether a witness was stopped from understanding questions asked in court or from giving rational replies.
- This check applied where the inability arose from extreme old age, tender years, mental or bodily disease, or a similar condition.
- A person with lunacy remained competent to give evidence when able to understand the questions asked and answer them rationally.
Under BSA 124
- Every person called to give evidence in court is competent to testify by default.
- The court assesses whether a witness is stopped from understanding questions asked in court or from giving rational replies.
- This check applies when the inability comes from extreme old age, tender years, mental or bodily disease, or a similar condition.
- Witnesses of unsound mind remain competent to give evidence when able to understand the questions asked and answer them rationally.
What IEA 118 to BSA 124 Means in Practice
Section 118 IEA became Section 124 BSA on 1 July 2024, where lunatic reads person of unsound mind and lunacy reads unsoundness of mind. The same rule on witness competency applies in court, and a party or witness should cite Section 124 BSA for matters governed by the Adhiniyam.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·