BSA §124
All persons shall be competent to testify unless the Court considers that.
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Comparison
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.
124. 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 changedAI-inferred
Who may testify.
Old position
IEA 118 is concerned with Who may testify. Who may testify
New position
BSA 124 preserves the framework with drafting modernisations as required by the new code. Topic: All persons shall be competent to testify unless the Court considers that.. 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,
BSA 124 (All persons shall be competent to testify unless the Court considers that.) preserves the framework of IEA 118. BSA 124 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 124 text: All...
Editorial deltaAI-indicated (source-linked)
BSA 124 (All persons shall be competent to testify unless the Court considers that.) preserves the framework of IEA 118. BSA 124 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 124 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 person...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 118 continues to apply. For matters from that date forward, BSA 124 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 124 (All persons shall be competent to testify unless the Court considers that.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §118 → BSA §124 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/124.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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