Section 124 BSA: Who may testify

Bharatiya Sakshya Adhiniyam, 2023

Section 124 BSA at a Glance

Section 124 BSA deals with who may testify. It replaced Section 118 IEA on 1 July 2024.

Was IEA

Section 118 →

Section 124 BSA Bare Act Text

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.

Source: Section 124, Bharatiya Sakshya Adhiniyam, 2023

Section 124 BSA in Simple Words

Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 sets out who is competent (legally qualified) to testify (give evidence as a witness) in court from 1 July 2024. Under the Adhiniyam, every person can be a witness unless the court finds that the person is stopped from understanding the questions asked or from giving rational (sensible) replies.

A court can treat a person as unable to testify only when that inability comes from specific causes listed in Section 124 BSA. Those causes are extreme old age, tender years (very young age), mental or physical disease, or another similar condition that stops the witness from understanding questions put in court or answering them sensibly.

An explanation in Section 124 BSA addresses a person of unsound mind. Being of unsound mind does not by itself make a witness incompetent to testify. That witness can still give evidence unless the unsoundness of mind stops the witness from understanding the questions asked and answering them rationally.

When Section 124 BSA Applies

  • 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.

Example of Section 124 BSA

In October 2024, Anita, who is of unsound mind, sees a road accident in Pune and is called as a witness in court. The judge puts questions to Anita to check whether the mental condition stops the witness from understanding what is asked. Anita understands every question and gives clear, rational replies about the collision. Under Section 124 BSA, the court allows Anita to testify as a competent witness regarding the road accident.

When Section 124 BSA Does Not Apply

  • A person is not competent to testify if the court finds that extreme old age, tender years, mental or bodily disease, or a similar condition stops the person from understanding questions asked in court or giving rational replies.
  • Under the explanation, a witness of unsound mind cannot testify if the unsoundness of mind stops the witness from understanding the questions asked and answering them rationally.

Section 124 BSA in the IEA (Previous Law)

Section 124 BSA replaces Section 118 IEA from the old criminal code.

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".

FAQs on Section 124 BSA

What is Section 124 BSA?▼

Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 provides that every person is competent to testify in court unless stopped from understanding questions or giving rational replies because of extreme old age, tender years, mental or bodily disease, or a similar condition. Its explanation clarifies that a witness of unsound mind is competent to testify unless the unsoundness of mind stops the witness from understanding questions and answering them rationally.

Can a person of unsound mind give evidence under Section 124 BSA?▼

Yes. Under the explanation in Section 124 BSA, being of unsound mind does not make a witness incompetent to testify unless it stops the witness from understanding the questions asked and answering them rationally.

Can a child or an elderly person testify under Section 124 BSA?▼

Yes. A witness in extreme old age or tender years can testify under Section 124 BSA unless the court finds that age stops the witness from understanding questions asked in court or giving rational replies.

Does a bodily disease disqualify a witness under Section 124 BSA?▼

No, not by itself. A disease of the body makes a witness incompetent under Section 124 BSA only when the court finds that the disease stops the witness from understanding the questions asked or from giving rational replies.

What is Section 124 BSA in IEA?▼

Section 118 IEA. Before 1 July 2024, the same competency rule stood in Section 118 IEA, which used the words lunatic and lunacy instead of person of unsound mind and unsoundness of mind.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·