Section 124 Bharatiya Sakshya Adhiniyam, 2023: Who may testify

Section 124 of Bharatiya Sakshya Adhiniyam, 2023: Who may testify

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 124

Section 124 governs the Competency of Witnesses, declaring that all persons are competent to testify unless the Court considers them prevented from understanding questions.

Core Legal Standard: Section 124 (formerly Section 118 IEA) provides 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 reason of tender years, extreme old age, disease (whether of body or mind), or any other cause of the same kind.
Exceptions & Statutory Safeguards: The Explanation clarifies that a person of unsound mind is not incompetent unless their unsoundness prevents them from understanding questions and giving rational answers. For child witnesses, the court conducts a preliminary voir dire examination to evaluate intellectual and moral comprehension.

This section establishes the universal baseline of witness competency, ensuring that age or physical infirmity does not prevent testimony so long as questions are rationally understood.

Key Landmark Precedents:

Nivrutti Pandurang Kokate v. State of Maharashtra (2008) 12 SCC 565: Held that a child of tender years is a competent witness under Section 118 if they possess sufficient intellectual maturity to understand questions and discern truth from falsehood.
Pradeep v. State of Haryana (2023) SCC OnLine SC 777: Reaffirmed that the testimony of a child witness can sustain conviction if it is found to be truthful, uninfluenced by tutoring, and corroborated by surrounding circumstances.

Legal Commentary:

Section 124 adopts a rational, inclusive approach to witness competency. Neither childhood nor mental infirmity operates as an automatic disqualification. If a voir dire examination proves the witness can understand the moral obligation of truthfulness, their testimony is admissible.