Bharatiya Sakshya Adhiniyam, 2023
BSA Section 124
Who may testify
In one line
BSA Section 124 deals with who may testify and replaces Evidence Act 118.
Bare act text — BSA 124
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.
What changed from the Evidence Act
- Evidence Act 118 → BSA 124: The word "Lunatic" is replaced by "A person of unsound mind".
Frequently asked
What was BSA Section 124 in the Evidence Act?
BSA Section 124 (Who may testify) replaces Section 118 of the Indian Evidence Act, 1872. Evidence Act 118 is now BSA 124.
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Nearby BSA sections
- BSA 119 — Court may presume existence of certain facts
- BSA 120 — Presumption as to absence of consent in certain prosecution for rape
- BSA 121 — Estoppel
- BSA 122 — Estoppel of tenant and of licensee of person in possession
- BSA 123 — Estoppel of acceptor of bill of exchange, bailee or licensee
- BSA 125 — Witness unable to communicate verbally
- BSA 126 — Competency of husband and wife as witnesses in certain cases
- BSA 127 — Judges and Magistrates
- BSA 128 — Communications during marriage
- BSA 129 — Evidence as to affairs of State