Section 118 IEA: Who may testify

Indian Evidence Act, 1872

Section 118 IEA at a Glance

Section 118 IEA deals with who may testify. From 1 July 2024 it is replaced by Section 124 BSA.

Now BSA

Section 124 →

Section 118 IEA Bare Act Text

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.

Source: Section 118, Indian Evidence Act, 1872

Section 118 IEA in Simple Words

Section 118 of the Indian Evidence Act, 1872 laid down who was competent (legally qualified) to testify (give evidence as a witness) in court. Under the Act, every person could be a witness unless the court found that the person was stopped from understanding the questions asked or from giving rational (sensible) replies.

A court could treat a person as unable to testify only when that inability came from specific causes listed in Section 118 IEA. Those causes were extreme old age, tender years (very young age), physical or mental disease, or another similar condition that stopped the witness from understanding questions put in court or answering them sensibly.

An explanation in Section 118 IEA also addressed a lunatic (an older statutory term for a person with a mental illness). Being a lunatic did not by itself make a witness incompetent to testify. That person could still give evidence unless lunacy stopped the person from understanding the questions asked and answering them rationally.

When Section 118 IEA Applies

  • 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.

Example of Section 118 IEA

In 2022, Ramesh, a child of tender years, witnesses a theft at a market in Jaipur and is called to give evidence in court. Before recording the testimony, the judge asks Ramesh questions to check whether the child can understand what is asked. Ramesh understands the questions clearly and gives rational replies about the market incident. Under Section 118 IEA, the court finds Ramesh competent to testify about the theft.

When Section 118 IEA Does Not Apply

  • A person was not competent to testify if the court found that extreme old age, tender years, mental or bodily disease, or a similar condition stopped the person from understanding questions asked in court or giving rational replies.
  • Under the explanation, a lunatic could not testify if lunacy stopped the person from understanding the questions asked and answering them rationally.

Section 118 IEA in the BSA

Section 118 IEA is now covered under Section 124 BSA.

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".

View detailed comparison (IEA 118 vs BSA 124) →

FAQs on Section 118 IEA

What is Section 118 IEA?▼

Section 118 of the Indian Evidence Act, 1872 stated that every person was 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 added that a lunatic was competent to testify unless lunacy stopped the person from understanding questions and answering them rationally.

Could a young child or an elderly person be a witness under Section 118 IEA?▼

Yes. A person of extreme old age or tender years was competent to testify under Section 118 IEA unless the court found that age stopped the witness from understanding questions asked in court or giving rational replies.

Did mental illness automatically disqualify a witness under Section 118 IEA?▼

No. Under the explanation in Section 118 IEA, being a lunatic did not make a person incompetent to testify unless lunacy stopped the person from understanding the questions asked and answering them rationally.

Who decided whether a witness could understand and answer questions under Section 118 IEA?▼

The court. Under Section 118 IEA, every person remained competent to testify unless the court found that the witness was stopped from understanding the questions asked or from giving rational replies.

What is Section 118 IEA in BSA?▼

Section 124 BSA. Section 118 IEA became Section 124 BSA on 1 July 2024, where lunatic reads person of unsound mind and lunacy reads 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, Indian Evidence Act, 1872 ·