Who may testify.
What this section does
All persons are competent to testify unless the Court finds they are prevented from understanding questions or giving rational answers due to tender years, extreme old age, disease of body or mind, or any similar cause. A person of unsound mind is not automatically incompetent; incompetency arises only if the unsoundness prevents understanding questions and giving rational answers.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Every person is a competent witness unless incapable of understanding questions or giving rational answers.
When it applies
- A child of five years may testify if the Court is satisfied the child understands the questions and can give rational answers.
- A person with a mental illness who has lucid intervals and can understand and answer questions rationally is a competent witness.
Derived from IEA s.118.
Read the official text
For the binding statutory text of BSA Section 124, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 124 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.